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REMINISCENCES 


OK     VHE 


BENCH  AND  BAR  OF  MISSOURI, 


WITH    AN    APPENDIX, 


Containing  Biographical  Skktches  of  nearly  all  of  the  Judges  and  Law- 
yers WHO  HAVE  Passed  Away,  together  with  many  Interesting  and 
VaL'Uable  Letters  never  before  Published  of  Washington, 
Jefferson,    Burr,    Granger,   Clinton,  and    Others, 

SOME     OF     which     THROW     ADDITIONAL     LiGHT 

UPON  THE  Famous  Burr  Conspiracy. 


BY 


W.  V.   N.   BAY, 
n 

LaU  Judge  of  the  Supreme  Court  of  Missouri. 


ST.    LOUIS: 

F.  H.  THOMAS  AND  COMPANY. 

1878. 


'3 


Entered  according  to  Act  of  Congress,  in  the  year  1878,  by 

W.  V.  N.   BAY, 
In  the  Office  of  the   Librarian  of  Congress,  at  Washington. 


«  1      1      t  t      C  V 

t       I        t       '       '"      «  < 

<  C  K       C  <  C  C 


,       cc       e       tc,cccte  e        »  ^ 


6'/'.  Louis:    Press  of  G.  I.  Jones  and  Company. 


TO 

H  O  x\  .   W  I  L  L  A  R  D    P.    HALL, 

Late  Provisional  Governor  of  Missouri, 

WHOSE    VARIED    LEARNING    AND     PROFOUND     KNOWLEDGE    OF    THE    LAW    HAVE 

GREATLY    ADORNED    THE    LEGAL    PROFESSION,    AND    WHOSE    EMINENT 

AND    VALUABLE   SERVICES    IN    THE   COUNCILS    OF   THE    NATION 

HAVE  ENDEARED  HIM  TO  THE  PEOPLE  OF   MISSOURI, 

THIS    WORK    IS    RESPECTFULLY    INSCRIBED 

BY    HIS    FRIEND, 

THE    AUTHOR. 


225781 


INTRODUCTION, 


The  fact  that  the  territory  of  Louisiana,  out  of  which  the 
state  of  Missouri  was  carved,  was  once  under  the  dominion 
of  Spain,  and  subsequently  under  that  of  France,  rendered 
it  indispensable  to  professional  success  that  the  early  law- 
yers should  become  familiar  w  ith  the  Spanish  and  Civil  law, 
and  a  want  of  knowledge  of  either  unfitted  the  claimant  to 
legal  honors  to  cope  with  those  who  had  devoted  years  of 
laborious  study  to  their  acquirement;  hence  most  of  the 
lawyers  who  became  permanent  residents  were  not  only 
well  versed  in  both,  but,  b}'  persistent  effort  to  become  so, 
formed  habits  of  study  and  application  which  gave  them 
well-deserved  eminence  in  their  profession. 

It  is  not  the  purpose  of  the  author  to  furnish  a  complete 
biography  of  the  members  of  the  profession  who  contributed 
so  much  to  frame  and  establish  our  local  jurisprudence,  but 
to  give  the  reader  a  partial  idea  of  the  difficulties  and  priva- 
tions the}'  encountered,  and  to  preserve  some  recollection  of 
their  professional  career,  and  some  of  the  incidents  and 
anecdotes  connected  with  their  professional  lives,  which 
ought  not  to  be  suffered  to  pass  into   oblivion. 

That  law\'ers  as  a  class  have  exerted  a  most  salutary  in- 
fluence upon  the  morals  and  liberties  of  mankind,  from  the 
beginning  of  the  world,  no  one  can  question  who  is  convers- 
ant whh  ancient  and   UKjdcrn   history. 

Take,  for  example,  our  own  country.  What  could  we 
have  accomplished  in  our  Revolution  without  the  aid  of  such 


VI  INTRODUCTION. 

patriots  as  Adams,  Otis,  Ames,  Hamilton,  King,  Marshall, 
Henry,  Lee,  Jefferson,  Livingston,  Rutledge,  Pinckney, 
Clinton,  Granger,  Gallatin,  and  hundreds  of  others  who  be- 
longed to  the  legal  profession?  Not  only  did  they  kindle 
the  fires  of  the  Revolution  by  their  fervid  eloquence,  but 
they  tendered  to  their  country  their  property  and  their  lives. 
The  Declaration  of  Independence  alone  —  one  of  the  ablest 
state  papers  that  ever  emanated  from  human  thought,  and 
which  was  from  the  pen  of  a  lawyer — did  more  than  every- 
thing else  to  satisfy  the  civilized  world  of  the  justice  of  our 
cause,  and  to  secure  our  recognition  as  an  independent 
government.  The  fact  is,  the  legal  mind  ever  has  been,  and 
ever  will  be,  arrayed  on  the  side  of  order,  good  morals,  and 
good  government.  A  lawyer's  experience  in  dealing  with 
the  affairs  of  men,  his  habits  of  thought,  reading,  and  re- 
flection, all  tend  in  that  direction ;  hence  it  is  that  he  be- 
comes the  recipient  of  the  most  responsible  fiduciary  trusts, 
and  his  influence  for  good  is  wide-spread  and  unlimited. 
Notwithstanding,  he  is  allotted  but  a  small  space  in  bio- 
graphical literature. 

The  territory  of  Upper  Louisiana  was  noted  for  its  able 
and  profound  lawyers,  whose  love  of  adventure,  romance, 
and  novelty  directed  their  steps  to  the  distant  West,  where 
they  encountered  all  the  hardships  and  privations  usually 
attending  border  life.  These  pupils  of  Blackstone,  Coke, 
and  Littleton  were  not  only  lawyers,  but  soldiers  and  pa- 
triots, for  upon  every  Indian  outbreak  they  shouldered  their 
muskets  and  offered  their  lives  in  defense  of  the  women  and 
children  over  whose  heads  the  bloody  tomahawk  and  scalp- 
ing-knife  were  raised.  And  yet  the  lives  and  good  deeds  of 
these  noble  men  have  almost  passed  out  of  memory ;  it  s 
even  questionable  if  human  hand  can  trace  a  dozen  of  the 
graves  in  which  their  bones  now  lie  mouldering. 


INTRODUCTION.  VU 

When  \vc  coninicaccd  these  Reminiscences  we  had  wo 
idea  of  sketching  the  Hves  of  an\'  but  the  earl\'  judges  and 
lawA'ers,  but  have  since  been  persuaded  l)\'  iJioniinenl  mem- 
bers of  the  profession,  to  whom  we  submitted  a  few  pages  of 
our  manuscript,  to  embrace  in  the  undertaking  all  of  any 
note  down  to  the  i)resent  time,  including,  however,  only 
those  who  have  passed  away — our  object  being  to  deal 
with  the  dead,  and   not  the  living. 

The  names  of  Benton,  Easton,  Hempstead,  Pettibone, 
McGirk,  Tompkins,  Lucas,  Darb\',  Si)alding,  Geyer,  Gamble, 
Bates,  Lawless,  .\llen,  Mullanph\-,  Leslie,  Wright,  Blanner- 
hassett,  Williams,  Bowlin,  Field,  Hudson,  Polk,  Lackland, 
Sharp,  Primm.  and  others,  of  the  St.  Louis  bar ;  Wells, 
Shannon,  Campbell,  and  Coalter,  of  St.  Charles  ;  Cook, 
Ranne\',  Watkins,  and  Davis,  of  Cape  Girardeau  ;  Cole, 
Bricke}',  and  Fri/.ell,  of  Washington ;  Gardenhire,  Vories, 
and  Leonard,  of  Buchanan  ;  Barton,  Ha)den,  and  Winston, 
of  Cooper ;  French  and  Ryland,  of  Lafayette ;  Leonard, 
Davis,  and  the  Wilsons,  of  Howard;  Todd,  Gordon,  and 
Kirtley,  of  Boone;  Hendricks  and  Yancey,  of  Greene; 
Lisle,  Scott,  Morrow,  Minor,  Ba\-,  and  Ewing,  of  Cole ; 
Scott,  of  St.  Genevieve;  Wells,  of  Lincoln;  Hunt,  of  Pike; 
Richmond  and  Pratte,  of  Marion  ;  Jameison,  Russell,  and 
Ansell,  of  Callaway ;  King  and  FLdwards,  of  Ra)' ;  Mc- 
Bride,  of  Monroe;  Ballou,  Hunton,  and  ^Lijors,  of  Benton, 
are  as  familiar  to  the  Missouri  lawyer  as  household  words  ; 
and  it  is  truly  sad  to  reflect  that  the  only  survivor  of  that 
legal  gala.xy  is  the  Hon.  John  F.  Darb}',  who,  though  far 
advanced  in  years,  retains  in  a  remarkable  degree  his  men- 
tal vigor,  and  can  be  daily  seen  ascending  the  steps  of  the 
St.  Louis  Court-House  to  renew  his  early  combats  in  the 
legal  forum. 

We  b}'  no  means  intend  to  take  them  up  in  the  order  of 


VI 11  INTRODUCTION. 

their  time,  or  professional  or  judicial  standing,  but  shall  ad- 
here to  our  original  design  of  furnishing  mere  scattering 
recollections  and  reminiscences.  The  names  of  some  have 
been  omitted,  from  the  fact  that  it  has  been  impossible  to 
obtain  any  reliable  information  respecting  their  lives.  Some 
died  bachelors,  leaving  no  one  to  inherit  their  name  and  no 
relative  to  furnish  any  of  the  events  of  their  lives.  Their 
omission  is,  therefore,  a  matter  of  necessity.  In  a  few  in- 
stances the  omission  has  resulted  from  the  apathy  and  indif- 
ference of  those  who  promised,  but  failed,  to  impart  the 
desired  information.  We  spared  no  effort  to  obtain  the  nec- 
essary information  respecting  the  lives  of  John  Wilson,  of 
Howard;  Judge  Leonard,  of  Buchanan;  and  Sinclair  Kirt- 
ley,  of  Boone,  all  of  whom  stood  high  in  the  profession,  but 
failed  to  elicit  the  knowledge  necessary  for  a  biographical 
sketch.  Wilson  and  Kirtley  moved  to  California  and  died 
there. 

We  take  pleasure  in  acknowledging  our  obligations  to 
many  persons,  both  in  and  out  of  the  profession,  not  only  in 
Missouri,  but  in  several  other  states,  for  valuable  informa- 
tion contributed,  without  which  our  undertaking  would  have 
been  very  incomplete.  We  cannot  mention  them  by  name 
without  being  invidious,  but  one  in  particular  cannot  be 
passed  over  in  silence.  We  allude  to  Levi  Pettibone,  of 
Louisiana,  Pike  County,  a  brother  of  Rufus  Pettibone,  who 
from  1823  to  1825,  inclusive,  was  one  of  the  judges  of  our 
Supreme  Court.  This  venerable  gentleman  is  now  in  the 
ninety-eighth  year  of  his  age,  in  fine  health,  and  in  full  pos- 
session of  his  mental  faculties.  He  settled  in  Pike  County, 
Missouri,  in  1 818,  and  for  many  years  was  clerk  of  the  Cir- 
cuit Court,  both  under  the  territorial  and  state  governments. 
We  had  the  pleasure  of  meeting  him  in  St.  Louis  in  May 
last.     He  exhibited  none  of  the  infirmities  of  extreme  age, 


IN  TR  OD  UC  TION.  i  x 

except  deafness  in  one  ear  and  a  sliijht  inij)ainnenl  of  liis 
visit)!!.  W'e  h.ul  previously  received  from  him  a  most  inter- 
esting letter,  containing  eight  or  ten  pages  of  foolscap,  all 
in  his  own  handwriting,  detailing  many  incidents  in  the 
lives  of  the  early  lawyers  which  could  be  obtained  from  no 
other  source.  He  is  a  most  remarkable  instance  of  unim- 
paired longevity.  Ma\'  his  life  be  spared  to  us  many 
years   to  come. 

We  do  not  expect  that  this  work  will  escape  the  usual 
criticism  ;  but  when  it  is  understood  that  it  has  been  written 
within  the  last  eight  months,  and  while  the  author  was  daily 
engaged  in  the  discharge  of  his  professional  duties,  and  that 
it  is  the  first  undertaking  of  the  kind  in  Missouri,  we  have 
a  right  to  hope  that  it  will  be  received  by  a  generous  public 
with  that  forbearance  and  indulgence  which  so  difficult  a 
task  entitles  it  to. 

In  the  sketch  of  Colonel  Easton,  page  78,  will  be  found 
in  fac-simile  a  letter  from  Colonel  Aaron  Burr  to  Colonel 
Easton,  written  while  Burr  was  engaged  in  the  conspiracy 
for  which  he  was  tried  in  Richmond ;  also  a  letter  from 
President  Jefferson,  defining  his  policy  respecting  appoint- 
ments to  office,  and  one  from  Gideon  Granger,  postmaster- 
general  under  Jefferson,  having  reference  to  the  conspiracy. 
In  the  Appendix  will  be  found  some  interesting  and  valu- 
able letters  from  General  Washington,  General  Putnam, 
Granger,  and  others,  none  of  which  letters  have  ever  be- 
fore been  published.  Those  of  Burr  and  Granger  are  very 
important,  as  throwing  additional  light  upon  the  famous 
conspiracy. 

It  seems  strange  that  no  one  has  heretofore  made  an 
effort  to  keep  alive  the  memory  of  those  early  judges  and 
lawyers  who   did  so   much   for  the  welfare  of  our  state,  and 


X  INTRODUCTION. 

who  gave  their  time,  talents,  and  l^bor  to  the  formation  of 
a  constitution  and  code  of  laws  which  have  so  largely  con- 
tributed to  the  preservation  of  our  lives,  our  property,  and 
our  liberty. 

If  the  present  undertaking  shall  accomplish  anything  in 
that  direction,  it  will  amply  repay  the  author  for  the  time 
and  labor  bestowed  upon   it. 

W.  V.  N.  B. 
September,  1878. 


REMINISCENCES 


OK    11  IK 


BENCH   AND   BAR   OF   MISSOURI. 


THOMAS    H.   BENTON. 

When  we  commenced  noting  our  recollections  of  the  early- 
members  of  the  Missouri  bar,  a  difficulty  suggested  itself 
which  seemed  almost  insurmountable  ;  and  that  was  how,  in 
a  work  of  so  small  a  compass  as  this,  we  could  hope  to  give 
even  a  meager  outline  of  the  professional  life  and  public 
services  of  so  distinguished  a  man  as  Thomas  Hart  Benton  — 
an  undertaking  which  would  fill  a  good-sized  volume.  The 
reader  must,  therefore,  accept  as  an  apology  for  the  brevity 
of  this  sketch  the  fact  that  we  have  in  no  instance  attempted 
to  furnish  a  minute  biography  of  any  one,  but  simply  scat- 
tering and  disconnected  reminiscences. 

The  time  for  writing  the  life  of  Colonel  Benton  has  not 
yet  arrived,  and  will  not  for  some  years  to  come  ;  and  it 
is  to  be  hoped  that  it  will  tlicn  l)e  undertaken  by  one  com- 
petent to  do  justice  to  the  memory  of  one  of  the  greatest  of 
American  statesmen. 

It  seems  as  if  every  civilized  nation  has  had  an  era  of 
great  men,  which  never  rolls  around  oftener  than  once  in  a 
century  or  two.  It  is  certain  that  since  F'ox,  Chatham,  Pitt, 
Burke,  Sheridan,  and  men  of  that  stamp  sat  together  in  the 
British  Parliament,  there  has  been  no  period  in  English  his- 
tory when  the  mother  countr\'  could  boast  of  any  superiority 


r'frr"      t   c      <        r'         t     r   ,  , 


2  BENCH  AND  BAR   OF  MISSOURI. 

over  the  statesmen  of  any  other  first-class  power.     And  who 
will  pretend  that    since  Webster,    Clay,    Calhoun,    Benton, 
Hayne,    Crittenden,    Berrien,    Douglas,    and    Seward    were 
seated  side  by  side  in  the  American   Senate,  we  have  been 
able  to  furnish  a  body  of  men  who  could  bear  the  least  com- 
parison to  them;  and,  if  we  are  permitted  to  judge  of  the 
future  by  the  past,  it  will  require  at  least  another  century  to 
brine  about  another  such  era  of  mind  and  intellect.      It  was 
the    classic    age    of  American    eloquence.       The    fact    that 
Colonel  Benton  practiced  law  in  Tennessee  before  his  advent 
into  Missouri,  and  also  practiced  under  our  territorial  gov- 
ernment, would  make  a  work,  even  of  as  little  pretensions  as 
this,  imperfect  with  his  name  omitted.      He   was   born    near 
Hillsborough,    North    Carolina,    March     14,    1782.       Under 
whose  tuition  he  was  first  placed  we  are  unable  to  state,  but 
he  entered  a  grammar  school  when  very  young,  and  com- 
pleted  his  education  at   Chapel   Hill  University.      Various 
reasons  have  been  assigned  why  he  did  not  graduate,  but  the 
only  plausible  one  is  that  the  removal  of  his  mother,  who 
was  a  widow,  to  Tennessee  while  he  was  in  college  placed  it 
out  of  her  power  to  meet  the  expense  of  keeping  him  there. 
Nevertheless,    he    succeeded    in     obtaining    a    very   liberal 
education. 

After  the  family  moved  into  Tennessee  he  studied  law,  at 
the  same  time  teaching  school  on  Duck  River,  near  the  town 
of  Franklin,  and  after  his  admission  to  the  bar,  in  1808, 
opened  an  office  in  Franklin.  It  is  said  by  Foote,  in  his 
"  Bench  and  Bar  of  the  South  and  South-west,"  that  he  had 
his  office  in  a  small,  one-story  brick  tenement,  which  is  yet 
standing,  and  is  pointed  out  to  the  passing  traveler  by  the 
residents  of  Franklin.  After  practicing  a  short  time  in 
Franklin  he  moved  to  Nashville,  and  opened  a  law-office  in 
that  city.  In  181 1  he  was  elected  to  the  State  Legislature, 
but,  upon  the  breaking-out  of  the  War  of  1812,  joined  the 
army  and  became  aid-de-camp  to  General  Jackson,  and 
continued  with  him  until  the  unfortunate  rencounter  between 
them,  in  which  his  brother,  Jesse,  participated,  aad  which 
resulted  in  General  Jackson  receiving  a  pistol-shot  wound. 


THOMAS  If.  BENTON.  3 

Colonel  Benton  then  joined  a  Tennessee  regiment,  and  was 
made  its  colonel,  and  afterwards  served  as  lieutenant-colonel 
in  the  Thirty-ninth  Infantrw 

In  1 813  he  moved  to  Missouri  and  opened  a  law-office  in 
St.  Louis,  at  the  same  time  writing  for  the  press,  and  a  part 
of  the  time  conducting  a  Democratic  journal  called  the  Sf. 
Louis  En(jiiirfr.  At  this  time  he  was  retainctl  in  several  im- 
portant land  suits,  but  he  paid  more  attention  to  politics  than 
the  law.  As  carl}-  as  1817  the  people  of  Missouri  began  to 
think  seriously  of  applying  for  admission  into  the  Union,  and 
Colonel  Benton  took  a  very  active  part  in  furtherance  of  that 
object.  He  wrote  several  vigorous  articles  in  behalf  of  it,  and 
also  addressed  the  people  in  its  favor.  In  1820  a  convention 
met  and  a  constitution  was  framed,  and  under  it  a  legislature 
convened  and  elected  David  Barton  and  Colonel  Benton 
United  States  senators.  Colonel  Benton  was  too  prominent 
a  man  to  escape  strong  opposition,  and  he  was  elected  by 
only  one  vote;  Judge  John  B.  C.  Lucas,  Judge  John  D.  Cook, 
and  others  were  opposing  candidates.  One  of  the  members, 
who  was  sick  at  the  time,  was  carried  into  the  House  on  a 
cot  to  vote  for  Colonel  Benton,  and  died  a  few  da3's  after- 
wards. David  Barton  met  with  no  opposition.  The  state 
was  not  finally  admitted  until  1 821,  but  no  question  was 
raised  as  to  the  validity  of  the  senatorial  election.  In  another 
part  of  this  work  will  be  found  the  reasons  for  the  delay. 
Colonel  Benton,  by  successive  elections,  continued  in  the 
Senate  thirty  years,  being  the  longest  period  that  any  senator 
ever  served. 

To  form  an\'  adequate  conception  of  the  great  mental 
power  of  Colonel  Benton,  the  reader  must  be  familiar  with 
his  senatorial  career;  for  the  history  of  tiiat  portion  of  his 
public  service  is  the  history  of  our  country  for  the  same  time, 
and  no  one  can  fully  understand  either  without  comprehend- 
ing both.  That  he  was  inferior  to  Mr.  Webster  as  a  close, 
logical  reasoner;  that  he  was  not  the  equal  of  Mr.  Cla\'  as  an 
orator;  and  that  Mr.  Calhoun  surpassed  him  in  the  power  and 
condensation  of  language,  all  must  admit.  But  in  depth  of 
mind,  originality  of  thought,  and  the  power  to  conceive  and 


4  BENCH  AND  BAR    OF  MISSOURI. 

execute  any  great  measure  of  public  welfare,  he  was  the 
equal  of  either,  and,  in  some  respects,  the  superior  of  all ;  for 
the  dominant  characteristics  of  all  were,  to  a  great  extent, 
combined  in  him.  He  had  Webster's  great  depth  of  brain, 
Clay's  nerve  and  power  of  will,  and  Calhoun's  great  moral 
integrit}'.  Mr.  Webster  was,  to  some  extent,  a  timid  poli- 
tician, and  rarely  disclosed  his  views  upon  any  great  question 
until  he  ascertained  the  drift  of  public  opinion,  and  what  the 
merchants  of  Boston  thought  of  it.  Both  Clay  and  Webster 
were  deficient  in  that  great  moral  power  exhibited  in  Calhoun 
and  Benton,  and  Mr.  Calhoun's  sectional  views  impaired  his 
usefulness  as  a  statesman.  Yet  none  of  these  defects  could 
be  attributed  to  Colonel  Benton.  He  loved  Missouri,  but  he 
loved  his  country  more  ;  and,  in  determining  the  course  to 
take  with  reference  to  any  public  measure,  he  endeavored  to 
ascertain  its  probable  effect  upon  the  whole  country.  He 
was  the  senator  of  a  nation,  and  not  of  a  state.  He  never 
permitted  any  personal  motive  to  interfere  with  his  convic- 
tions of  duty,  and  this  trait  in  his  character  was  well  illus- 
trated in  his  refusal  to  support  his  son-in-law,  General  Fre- 
mont, for  the  presidency,  though  he  had  no  particular  admi- 
ration for  Mr.  Buchanan.  We  heard  him  on  two  occasions 
assign  as  a  reason  that  Fremont  was  too  sectional  in  his 
views,  and  he  thought  Buchanan  better  qualified  for  the 
place  by  reason  of  his  long  experience  in  public  life. 

Colonel  Benton  was  not  a  man  of  policy,  for,  if  he  had 
been,  he  would  have  succeeded  General  Jackson  in  the  presi- 
dency. 

When  he  declared  war  upon  what  was  known  as  the  Nulli- 
fication Resolutions  of  the  Missouri  Legislature,  he  might 
have  readily  crushed  his  enemies  if  he  had  been  the  least  dis- 
posed to  conciliate  those  who  were  halting  between  two 
opinions.  Though  it  was  well  known  that  he  was  opposed  to 
the  "  Wilmot  Proviso,"  yet,  when  Colonel  Ferdinand  Ken- 
nett,  an  influential  member  of  the  Democratic  party,  and 
friendly  to  his  reelection,  sent  a  slip  of  paper  to  the  stand, 
from  which  Colonel  Benton  was  speaking  in  the  rotunda, 
of  the  court-house  at  St.  Louis,  requesting  him  to  give  pub- 


THOMAS  II.  BENTON.  5 

licity  to  his  views  on  the  proviso,  he  indifjnantly  cast  the 
paper  from  him,  regarding  tlie  request  as  an  act  of  hostiht)' ; 
and  thus  made  an  eneni)'  of  one  who  had  always  been  his 
friend.  Many  such  instances  occurred  all  over  the  state,  and 
it  resulted  in  building  up  an  opposition  to  him  in  his  own 
party  which  he  was  powerless  to  resist. 

Colonel  Benton  was  one  of  the  purest  statesmen  that  our 
country  has  produced.  As  the  right-bower  of  General  Jack- 
son's adniiiiistration,  he  could  control  most  any  appointment 
within  the  gift  of  the  president;  )'et  he  would  never  permit 
an\'  person  connected  with  him  b)-  blood  or  marriage  to  ac- 
cept an\'  moneyed  appointment  under  the  government,  nor 
would  he  {axox  an\'  applicant  for  a  government  contract, 
though  a  political  friend.  Such  purity  in  a  public  man  is 
almost  without  a  parallel. 

What  a  contrast  to  the  course  of  President  Grant,  who 
fastened  upon  the  treasury  every  relation,  by  marriage  or 
otherwise,  to  the  four  hundred  and  forty-fourth  cousin. 

Colonel  Benton's  official  position  placed  it  in  his  power  to 
amass  any  amount  of  wealth  ;  )'et  he  died  poor.  His  success 
in  public  life  was  the  result  of  brain-power,  combined  with  an 
indomitable  will  and  untiring  energy.  Whatever  he  under- 
took he  would  accomplish,  if  it  took  a  life-time. 

When  the  resolution  denouncing  General  Jackson  for 
usurpation  of  power  passed  the  Senate,  he  rose  from  his  seat 
and  gave  notice  that  at  an  early  day  he  would  introduce  a 
proposition  to  expunge  it  from  the  journal,  and  accordingly 
did  so ;  but  at  the  time  he  was  almost  alone  in  its  support, 
which  gave  rise  to  those  memorable  words : 

"Solitary  and  alone  I  set  tliis  liall  in  motion." 

Even  the  friends  of  General  Jackson  at  first  opposed  it, 
upon  the  ground  that  it  involved  a  desecration  of  the  Senate 
record,  and  would  furnish  a  bad  precedent ;  but  Benton  re- 
newed his  resolution  at  every  session,  each  time  sending  to 
the  country  an  able  speech  in  its  behalf,  and  at  each  session 
it  acquired  additional  strength,  until  finally  it  passed,  and  the 


6  BENCH  AND  BAR    OF  MISSOURT. 

obnoxious  resolution  was  expunged  by  the  secretary  drawing 
black  lines  around  it,  and  by  writing  across  it  in  the  presence 
of  the  Senate  the  words,  "  Expunged  by  order  of  the  Sen- 
ate." The  reader  of  American  history  will  notice  with  what 
violence  General  Jackson  was  assailed  for  his  veto  of  the  bill 
to  revive  the  charter  of  the  old  United  States  Bank.  Colonel 
Benton  had  long  been  satisfied  that  the  bank  was  exerting  a 
deleterious  influence  upon  the  politics  of  the  country  ;  that 
by  flooding  the  states  with  its  paper,  thereby  encouraging 
wild  and  extravagant  speculation,  and  then  suddenly  cur- 
tailing its  circulation,  it  could  produce  at  will  a  money  panic 
or  crisis,  which  would  enable  it  to  control  the  elections ;  that 
by  loaning  money  to  members  of  Congress,  and  others  in 
authority,  it  would  be  able  to  direct  legislation  —  in  fine,  that 
it  was  an  institution  dangerous  to  the  liberties  of  the  people, 
and  not  authorized  by  the  Federal  Constitution.  He  there- 
fore determined  to  oppose  the  renewal  of  the  charter,  and, 
as  General  Jackson  concurred  with  him  in  opinion,  a  deter- 
mined opposition  was  then  and  there  inaugurated,  and  Col- 
onel Benton  brought  the  whole  force  of  his  intellect  to  defeat 
the  bill ;  but  it  passed  Congress,  and  was  vetoed  by  the 
president.  This  was  followed  by  the  inflammatory  speeches 
of  Clay,  Webster,  ct  al.,  and  the  country  was  soon  brought 
to  the  verge  of  bankruptcy;  but  Benton  had  his  grip  upon 
the  throat  of  the  monster,  and  never  relaxed  it  until  he 
heard  its  last  dying  groan.  Nearly  a  half-century  has  since 
passed,  and  time  has  proved  the  wisdom  of  the  Democratic 
party  in  its  opposition  to  that  great  political  and  financial 
operator. 

Colonel  Benton  was  a  hard-money  man,  and  hence  obtained 
the  sobriquet  of  "  Old  Bullion."  He  reposed  no  confidence 
in  banks,  except  those  of  mere  deposit  and  exchange,  and 
regarded  paper  money  as  of  no  intrinsic  value,  and  thought 
gold  and  silver  should  be  the  basis  of  all  values.  He  never 
changed  his  views  upon  this  subject,  and,  if  we  mistake  not, 
the  judgment  of  mankind  now  is  that  it  would  be  a  public 
and  national  blessing  if  every  bank  in  the  country  was  buried 
deep  beneath  the  catacombs  of  Egypt. 


THOMAS   If.   BENTON.  7 

W'c  have  (^ftcn  been  interrogated  as  to  the  secret  of  Col- 
onel l^enton's  popularit\-  with  the  people  of  Missouri;  for  it 
was  well  know  n  that  near  the  exj)iration  of  his  senatorial  term 
\\'.'<  1  )emocratic  candidate  for  the  Legislature  could  he  elected 
without  a  [)ledge  to  vote  for  his  reelection.  This  pledge  was 
exacted  upon  all  occasions,  ami  a  refusal  to  give  it  was  death 
to  the  aspirant  for  legislative  honors.  There  was  no  personal 
magnetism  in  Colonel  Benton,  for  he  was  austere,  reserved, 
and  distant,  and  seldom  mixed  with  the  people  ;  and  was  only 
known  b\'  his  public  acts  and  his  devotion  to  the  interests  of 
his  constituents.  His  popularity  proceeded  from  his  zeal 
and  activity  in  originating  and  carrying  measures  calculated 
to  promote  the  welfare  and  interests  of  the  immigrant  and 
settler.  He  at  an  early  period  took  the  ground  that  the  gov- 
ernment slundd  ne\er  depend  upon  the  sale  of  the  public 
domain  as  a  source  of  revenue,  but  that  the  true  policy  was 
to  aid  and  encourage  immigration,  by  reducing  the  price  of 
the  public  lands  ;  and,  as  most  of  the  immigrants  were  poor, 
to  give  them  ample  time  to  pay  for  their  homes.  With  this 
motive,  he  introduced  a  bill  to  reduce  the  price  to  Si. 25  per 
acre,  and  upon  certain  conditions  to  give  them  preemption 
and  settlement  rights;  so  that  they  could  pay  for  their  farms 
out  of  the  proceeds  of  their  labor.  The  eastern  states  opposed 
this  policy,  as  tending  to  deprive  them  of  a  part  of  their  pro- 
ductive population;  but  he  succeeded  in  his  efforts,  and  the 
people  of  the  West  felt  grateful  to  him  for  his  services  in 
their  behalf. 

Upon  the  subject  of  the  tariff,  he  opposed  high  duties  upon 
•  such  articles  as  entered  into  the  necessaries  of  life.  F'or 
instance,  he  succeeded  in  procuring  the  repeal  of  the  duty  on 
salt,  an  article  indispensable  to  the  farmer,  and  for  which, 
when  transportation  was  dear,  he  necessarily  paid  a  high  price. 
The  fact  was  that  the  laboring,  mechanical,  and  agricultural 
interests  never  escaped  his  vigilant  attention,  and  his  true  de- 
votion to  the  welfare  of  his  constituents  placed  them  under  a 
heavy  obligation  to  him. 

As  an  evidence  of  his  great  probit)-  of  character  and  high 


8  BENCH  AND  BAR   OF  MISSOURI. 

sense  of  honor  and  dut\',  it  is  only  necessary  to  refer  to  his 
course  in  the  Senate  with  reference  to  the  boundary  ques- 
tion between  the  United  States  and  Great  Britain.  The 
reckless  course  of  a  few  politicians  had  almost  committed  the 
Democratic  party  and  the  country  to  the  claim  of  what  was 
known  as  54°  40',  when  we  had  no  earthly  right  north  of 
49°.  They  had  succeeded  in  raising  the  cry  of  54°  40'  or 
fight,  and  but  for  the  bold  stand  taken  by  Colonel  Benton 
and  a  few  others,  would  have  plunged  us  into  a  most  dis- 
graceful war  with  the  British  government.  Colonel  Benton 
threw  himself  into  the  breach,  and  opened  the  eyes  of  the 
American  people  to  the  folly  of  attempting  to  despoil  a 
friendly  power  of  a  portion  of  her  territory.  It  was  a  noble 
act,  for  which  the  American  people  never  can  be  too  grate- 
ful. And  here  permit  us  to  say,  if  there  is  any  nation  in  the 
world  that  can  afford  to  be  just  and  right  towards  all  others, 
it  is  our  own ;  and  he  who  attempts  to  place  us  in  a  false 
attitude  is  an  enemy  to  free  government. 

Colonel  Benton  seldom  traveled,  except  in  going  to  and 
returning  from  Washington ;  yet  no  living  man  better  under- 
stood the  topography,  climate,  and  resources  of  the  country 
from  the  Lakes  to  the  Gulf,  and  from  the  Atlantic  to  the 
Pacific ;  and  often  in  the  senatorial  debates,  particularly  in 
reference  to  the  organization  of  territorial  governments,  he 
was  appealed  to  for  information  which  no  other  senator 
could  give.  The  fact  was,  he  had  for  many  years  made  it  a 
point  to  invite  to  his  house  western  adventurers,  and  even 
chiefs  of  Indian  tribes,  that  he  might  exact  from  them  all  the 
knowledge  they  were  capable  of  imparting.  Upon  one 
occasion  we  called  to  see  him  when  he  was  visiting  the  late 
Colonel  Brant  in  St.  Louis,  and  found  him  closeted  with  the 
celebrated  Kit  Carson,  who,  in  the  midst  of  maps  and  charts, 
was  explaining  to  him  the  character  and  location  of  what  he 
considered  the  most  desirable  route  between  Independence 
and  Santa  Fe.  Upon  another  occasion  he  introduced  to  us 
Collins,  the  great  explorer  and  guide  of  the  Indian  country, 
whom  he  had  invited  to  his  house  in  Washington,  and  during 


THOMAS  H.   BENTON.  9 

an  hour  we  spent  with  them  the  subject  of  conversation  was 
confined  to  the  topograph}-  and  character  of  the  plains  and 
Pacific  slope. 

It  is  not  strange,  therefore,  that  a  man  of  his  retentive 
memory  should  show  even  a  greater  familiarity  with  the 
western  wilds  and  savage  tribes  than  many  who  had  spent 
years  in  their  midst. 

We  have  spoken  of  Colonel  Benton  as  an  austere  man, 
but  at  his  home  and  at  his  table  he  was  one  of  the  most 
interesting  men  we  ever  saw.  He  would  frequently  invite 
a  few  friends  to  dine  with  him,  and  upon  such  occasions 
he  was  the  life  and  spirit  of  the  party.  We  recollect  receiv- 
ing a  note  from  him  one  morning,  in  Washington  City,  stat- 
ing that  Mr.  Buchanan  and  Mr.  Ritchie,  of  the  old  Rich- 
unvid  Enquirer,  would  dine  with  him  on  that  da\%  and  he 
would  be  pleased  to  have  us  present.  After  reaching  his 
house  he  told  us,  aside,  that  he  should  place  Mr.  Buchanan 
and  Mr.  Ritchie  opposite  to  each  other  at  the  table,  and  we 
might  look  for  some  fine  specimens  of  wit  and  repartee 
between  them  —  one  of  which  we  enjoyed  hugely.  After 
imbibing  the  usual  allowance  of  champagne,  old  sherry,  and 
hock,  the  scene  opened  by  a  thrust  at  Ritchie  from  Buchanan, 
which  we  here  give  :  "  Now,"  said  Mr.  Buchanan,  "Father 
Ritchie,  tell  us  what  sudden  impulse  came  over  you  to  make 
you  change  your  views  upon  the  Sub-treasury  Bill."  "  The 
same,"  said  Mr.  Ritchie,  "  that  caused  you,  mi}'  dear  Buck, 
to  declare  in  a  public  speech,  when  a  }'oung  man,  that  if 
you  had  a  drop  of  Democratic  blood  in  your  veins,  you 
would  take  a  knife  and  let  it  out." 

To  the  reader  who  may  not  be  posted  as  to  the  political 
life  of  either  of  the  distinguished  gentlemen,  it  ma}^  be 
proper  to  state  that,  in  early  life,  Mr.  Buchanan  belonged  to 
the  old  Federal  party,  and,  like  all  }^oung  politicians,  was 
very  zealous  and  ardent,  and  used  the  above  expression  in  one 
of  his  public  harangues;  and  the  occasion  of  Mr.  Buchanan's 
inquiry  grew  out  of  the  fact  that,  during  the  administration 
of  Mr.  Van  Buren,  and  while  the  Sub-treasury  Bill  was  pend- 
ing   in    Congress,    Mr.    Ritchie   made   in   his   paper   a   most 


10  BENCH  AND   BAR   OF  MISSOCBI. 

violent  attack  upon  it,  but,  soon  after  it  became  a  law, 
admitted  his  error,  and  supported  it  warml}'.  Other  passes 
between  them  relating  to  their  little  foibles  and  inconsist- 
encies took  place,  much  to  the  amusement  of  all. 

Colonel  Benton  was  very  temperate  in  his  habits,  and  it 
was  only  on  occasions  like  this  that  he  ever  indulged  even 
in  a  glass  of  wine;  but  he  was  always  fond  of  dining  with 
a  few  friends,  and  it  was  the  only  kind  of  entertainment  for 
which  he  manifested  any  decided  inclination.  In  Washington 
City  these  dinner-parties  were  of  daily  occurrence,  and  might 
properly  be  called  intellectual  feasts,  for  they  were  often  the 
occasion  of  fine  specimens  of  wit  and  repartee.  Shortly 
after  General  Scott's  defeat  for  the  presidency,  he  and  Mr. 
Webster  dined  out  with  a  friend,  and  several  ladies  graced 
the  table.  While  they  were  all  partaking  of  soup,  Mr. 
Webster  turned  suddenly  upon  Scott  and  said,  "  Scott,  I 
am  suprised  to  see  you  eating  soup,  since  that  hasty  plate  of 
yours  played  the  devil  with  us  in  1840." 

A  private  dinner-party  is  privileged,  and  whatever  there 
transpires  is  never  expected  to  be  given  to  the  public  ;  and 
from  that  very  fact  a  great  latitude  is  given  —  more  par- 
ticularly as  many  things  are  said  under  the  influence  of  wine 
which  would  be  indecorous  and  improper  upon  almost  any 
other  occasion. 

Colonel  Benton  had  the  reputation  of  being  a  duelist, 
caused,  no  doubt,  by  his  killing  Charles  Lucas,  son  of  Judge 
J.  B.  C.  Lucas,  and  brother  of  the  late  James  Lucas,  in  a 
duel  on  Bloody  Island,  opposite  St.  Louis,  on  September 
27,  1817.  The  difficulty  grew  out  of  political  excitement 
and  controversy.  It  is  no  part  of  our  province  to  determine 
who  was  in  the  wrong,  but  we  give  the  facts  as  we  have  been 
able  to  gather  them  from  contemporaneous  history,  and  from 
the  correspondence  that  passed  between  them. 

It  is  evident  that  there  had  been  no  good  feeling  between 
the  parties  for  some  time,  for  at  the  August  election  Mr. 
Lucas  challenged  the  vote  of  Colonel  Benton,  alleging  in  the 
presence  of  the  judges  that  he  had  not  the  necessary  prop- 
erty qualification   which,  under  the  law   then  existing,   was 


THOMAS  H.  BENTON.  I  I 

required  of  electors.  Benton  stated  that  he  owned  slaves 
paid  a  tax  upon  them,  and  \\as  qualified ;  and  concluded 
b}'  calling  Lucas  an  insolent  puppy.  Mr.  Lucas  thereupon 
challenged  him,  and  they  met  on  Bloody  Island  on  August 
12,  1817;  Luke  E.  Lawless  being  the  second  of  Colonel 
Benton,  and  Joshua  Barton  of  Mr.  Lucas.  But  one  fire  took 
place,  Lucas  receiving  a  pistol-shot  in  the  neck,  and  Benton 
one  a  little  below  the  right  knee.  Mr.  Lucas  bled  so  pro- 
fusely that  he  was  unable  to  renew  the  combat,  and  it  was 
postponed  to  a  future  time.  This  gave  rise  to  various  rumors 
disparaging  to  Benton,  which  he  supposed  originated  with 
the  friends  of  Lucas,  and  on  September  23d  following  he 
addressed  Mr.  Lucas  the  following  note  : 

' '  St.  Louis,  September-,  2j,  18 ij. 

"  Sir  :  When  I.  released  you  from  your  engagement  to  return  to  the  island,  I 
yielded  to  a  feeling  of  generosity  in  my  own  bosom,  and  to  a  sentiment  of  defer- 
ence to  the  judgment  of  others.  From  the  reports  which  now  fill  the  country  it 
would  seem  that  yourself  and  some  of  your  friends  have  placed  my  conduct  to 
very  different  motives.  The  object  of  this  is  to  bring  these  calumnies  to  an  end, 
and  to  give  you  an  opportunity  of  justifying  the  great  expectation  which  has 
been  excited.  Colonel  Lawless  will  receive  your  terms,  and  I  expect  your  dis- 
tance not  to  exceed  nine  feet. 

"  T.  H.  Benton. 

"  Charles  Lucas,   Esq.'''' 

Mr.  Lucas  had  gone  to  Jackson,  Cape  Girardeau  County, 
on  a  business  trip,  and  did  not  receive  this  note  until  the 
26th,  but  on  that  day  returned  the  following  answer: 

"  St.  Louis,  Septcnihcr  26,  iSij. 

"Sir:    I  received  your  note  of  the  23d  instant  this  morning,  on  my  arrival 

from  below.     Although  I  am  conscious  that  a  respectable  man  in  society  cannot 

be  found  who  will  say  he  has  heard  any  of  these  reports  from  me,  and  that  I  think 

it  more  probable  they  have  been  fabricated  by  your  own  friends  than  circulated 

by  any  who  call  themselves  mine,  yet,  without  even  knowing  what  reports  you 

have  heard,  I  shall  give  you  an  opportunity  of  gratifying  your  wishes,  and  the 

wishes  of  your  news-carrier.      My  friend,  Mr.  Barton,  has   full  authority  to  act 

for  me." 

"Charles  Lucas. 
"  r.   H.   Benton,   Esq." 

The  parties  again  met  on  the  morning  of  the  next  day,  on 
the  same  island,  took  positions  at  ten  paces,  both  fired  at  the 


12  BENCH  AND   BAR    OF  MISSOURI. 

same  time,  and  Mr.  Lucas  fell  mortally  wounded,  and  died 
within  an  hour.  Colonel  Benton  approached  Mr.  Lucas  and 
expressed  his  sorrow  at  what  had  happened,  when  Mr.  Lucas 
said,  "  I  forgive  you  ;  "  and  gave  him  his  hand. 

Had  the  friends  of  both  exerted  themselves  to  bring  about 
an  amicable  settlement  of  the  difficulty,  it  could  no  doubt 
have  been  accomplished  ;  but  in  those  days  dueling  was  very 
common,  and  seemed  to  be  sanctioned  by  public  opinion. 
\\\  fact,  no  public  man  could  remain  in  the  country  if  he  failed 
to  respond  to  a  call  emanating  from  one  who  was  entitled  to 
the  appellation  of  a  gentleman ;  but  that  Colonel  Benton  was 
opposed  in  principle  to  dueling  we  know  from  what  we  have 
heard  him  say  on  that  subject.  Indeed,  he  exerted  himself 
to  prevent  the  meeting  between  Mr.  Randolph  and  Mr.  Clay, 
and,  though  present  at  the  exchange  of  shots,  refused  to  par- 
ticipate as  second  when  asked  to  do  so  by  Mr.'  Randolph. 

The  reader  has  no  doubt  already  asked  himself  how  two 
persons  so  far  apart  in  years  and  position  as  Colonel  Benton 
and  the  author  should  be  on  such  friendly  terms.  Our  reply 
is  that,  when  a  member  of  the  General  Assembly,  and  one  of 
the  youngest,  we  exerted  ourselves  to  the  utmost  to  secure 
his  reelection  to  the  Senate,  and  at  a  time  when  a  part  of 
his  own  party  were  conspiring  to  defeat  him.  Afterwards, 
when  occupying  a  seat  in  Congress,  we  alone  of  the  entire 
Missouri  delegation  adhered  to  him,  and  he  manifested  his 
gratitude  by  extending  to  us  his  confidence. 

Colonel  Benton  never  could  stand,  with  any  composure, 
an  imposition  of  any  kind,  particularly  if  it  involved,  or  had 
an}'  reference  to,  a  member  of  his  own  family.  Upon  one 
occasion  a  shrewd  Yankee,  while  on  a  visit  to  Washington 
City,  became  somewhat  reduced  in  his  finances,  and  struck 
upon  an  odd  and  ingenious  plan  to  replenish  them.  He 
learned  that  in  some  part  of  Maryland  there  was  a  horse 
that  had  a  most  remarkable  coat  of  hair  —  long,  shaggy,  and 
bearing  a  striking  resemblance  to  wool.  He  bought  him, 
brought  him  to  Washington,  and  exhibited  him  under  a  tent 
within  two  blocks  of  Colonel  Benton's  residence.  Over  the 
entrance  was  a  large  placard  stating  that    the  n'oolly  horse 


THOMAS  H.  BENTON.  I 


J 


therein  exhibited  was  caught  in  a  wild  state,  on  the  plains, 
by  General  Fremont,  and  was  regarded  by  naturalists  as  the 
greatest  living  curiosity  of  the  age.  Admittance,  25  cents; 
children,  half-price.  Thousands  called  to  see  the  woolly 
horse  captured  by  General  Fremont,  and  our  enterprising 
Yankee  began  to  think  that  he  had  struck  a  gold  mine,  when 
out  came  a  card  from  Colonel  Benton  denouncing  it  as  a 
gross  imposition.  This  only  increased  the  public  curiosity 
to  see  the  wonderful  animal,  and  the  tent  was  crowded  from 
morning  till  night.  The  colonel  could  stand  it  no  longer, 
and  took  a  warrant  out  against  him  charging  him  with  a 
criminal  offense  —  had  him  arrested  and  thrown  into  jail, 
and  thus  put  an  end  to  the  exhibition  of  the  woolly  horse. 
The  Yankee  certainly  deserved  some  credit  for  his  bold  at- 
tempt to  humbug  the  intelligence  of  the  nation  assembled 
at  the  capital. 

It  has  been  truly  said  by  some  writer  that  the  inside  view 
of  the  character  of  a  great  man  is  never  disclosed  to  the  pub- 
lic until  long  after  his  death.  This  is  certainly  true  of  Colo- 
nel Benton.  It  was  generally  supposed  that  he  had  very 
little  reverence  for  the  Christian  religion,  but  there  never 
was  the  least  foundation  for  such  a  charge.  During  his 
thirty  years  in  the  Senate  he  always  had  a  pew  in  church  — 
generally  the  Presbyterian  —  and  attended  the  service  very 
regularly,  and  required  the  same  of  his  family.  We  are  not 
posted  as  to  his  peculiar  religious  tenets,  but  his  moral  life, 
and  entire  freedom  from  vice  of  all  kinds,  furnish  the  best 
refutation  of  this  charge.  We  have  often  heard  him  allude 
to  his  wonderful  escape  at  the  time  of  the  bursting  of  the  big 
gun  on  the  steamer  Princeton  as  a  providential  interposi- 
tion. We  shall  again  allude  to  this  in  connection  with 
another  charge  imputed  to  him,  equally  unfounded. 

He  was  undoubtedly  a  man  of  strong  prejudices,  and  often 
very  vindictive,  which  led  him  frequently  to  do  great  injus- 
tice to  others  ;  but  that  he  possessed  a  cold,  unforgiving,  and 
unrelenting  heart  is  not  true  —  and  we  could  give  many 
incidents  that  came  under  our  personal  observation  to  prove 
the  contrary,  but  we  prefer  to  let  another  speak  of  him  in 


14  BENCH  AND  BAR    OB  MISSOURI. 

this  respect,  whose  word  and  authority  will  carry  conviction 
to  the  minds  of  all.  We  allude  to  Mr.  Webster,  who  was  his 
compeer  in  the  Senate,  always  opposed  to  him  politically, 
and  between  whom,  until  late  in  life,  there  was  but  little  feel- 
ing of  kindness  or  friendship.  The  extract  we  give  is  from 
a  most  interesting  book  recently  published,  and  entitled 
"  Peter  Harvey's  Reminiscences  and  Anecdotes  of  Daniel 
Webster."  Mr.  Harvey  was  through  life  a  warm  personal 
and  confidential  friend  of  Mr.  Webster,  and  his  reminis- 
cences are  entitled  to  the  highest  credit.  Mr.  Harvey  says 
that  a  year  or  two  before  Mr.  Webster's  death  he  related  to 
him  an  incident  which  illustrated  the  great  change  that  came 
over  Mr.  Benton  at  one  period  of  his  life.  Mr.  Benton  car- 
ried his  political  and  party  prejudices  to  the  extreme. 

"  We  had  had,"  said  Mr.  Webster,  "  a  great  many  political 
controversies ;  we  were  hardly  on  bowing  terms.  For  many 
years  we  had  been  members  of  the  same  body,  and  passed  in 
and  out  at  the  same  door,  without  even  bowing  to  each  other, 
and  without  the  slightest  mutual  recognition  ;  and  we  never 
had  any  intercourse  except  such  as  was  official,  and  where  it 
could  not  be  avoided.  There  was  no  social  relation  what- 
ever between  us. 

"At  the  time  of  the  terrible  gun  explosion  on  board  the 
'Princeton,'  during  Mr.  Tyler's  administration,  Mr.  Benton 
was  on  board,  and  he  related  to  me,  with  tears,  this  incident. 
He  said  he  was  standing  near  the  gun,  in  the  ver)'  best  posi- 
tion to  see  the  experiment.  The  deck  of  the  steamer  was 
crowded,  and,  with  the  scramble  for  places  to  witness  the 
discharge  of  the  gun,  his  position  was  perhaps  the  most 
favorable  on  the  deck.  Suddenly  he  felt  a  hand  laid  upon 
his  shoulder,  and  turned  ;  some  one  wished  to  speak  to  him, 
and  he  was  elbowed  out  of  his  place  and  another  person  took 
it,  very  much  to  his  annoyance.  The  person  who  took  his 
place  was  ex-Governor  Gilmer,  of  Virginia,  then  secretary  of 
the  navy.  Just  at  that  instant  the  gun  was  fired,  and  the 
explosion  took  place.  Governor  Gilmer  was  killed  instantly. 
Mr.  Upshur,  then  secretary  of  state,  was  also  killed,  as  was 
one  other  man  of  considerable  prominence.     Colonel  Ben- 


THOMAS  II.  BENTON.  I  5 

ton,  in  relating  this  circumstance,  said  :  '  It  seemed  to  me, 
Mr.  Webster,  as  if  that  touch  on  my  shoulder  was  the  hand 
of  the  Almighty  stretched  down  there,  drawing  me  away 
from  what  otherwise  would  have  been  instantaneous  death. 
I  was  merely  prostrated  on  the  deck,  and  recovered  in  a  very 
short  time.  That  one  circumstance  has  changed  the  whole 
current  of  my  thoughts  and  life.  I  feel  that  I  am  a  different 
man,  and  I  want,  in  the  first  place,  to  be  at  peace  with  all 
those  with  whom  I  have  been  so  sharply  at  variance  ;  and  so 
I  have  come  to  you.  Let  us  bury  the  hatchet,  Mr.  Webster.' 
'  Nothing,'  replied  I,  *  could  be  more  in  accordance  with  my 
own  feelings.'  We  shook  hands  and  agreed  to  let  the  past 
be  past,  and  from  that  time  our  intercourse  was  pleasant  and 
cordial.  After  this  time  there  was  no  person  in  the  Senate 
of  the  United  States  of  whom  I  would  have  asked  a  favor  — 
any  reasonable  and  proper  thing  —  with  more  assurance  of 
obtaining  it  than  of  Mr.  Benton." 

In  the  year  of  1847,  J'Jst  after  the  discovery  of  gold  in  Cali- 
fornia, and  after  Colonel  Fremont  had  wrested  the  territory 
from  Mexican  rule,  a  great  deal  was  said  about  the  glory  of 
his  achievements.  There  was  a  great  rush  of  settlers  to  the 
newly-acquired  territory,  and  universal  excitement  about  it. 

Colonel  Benton  was  in  "  high  feather  "  at  the  success  of  his 
son-in-law.  Colonel  Fremont,  and  was  full  of  the  topic,  talk- 
ing of  nothing  else.  In  almost  every  debate  in  the  Senate 
he  alluded  to  it.  Colonel  Fremont's  name  was  in  every- 
body's mouth,  and  his  wonderful  deeds  were  the  subject  of 
general  laudation.  Everybody  who  went  to  California  sought 
Benton  to  get  letters  to  Fremont,  who  was  a  sort  of  viceroy 
out  there. 

One  day  after  dinner,  as  Mr.  Webster  was  seated  in  his 
librar}',  the  servant  announced  "  Mr.  Wilson,  of  St.  Louis," 
and  John  Wilson  came  into  the  library.  Mr.  Webster  at 
once  rose  and  greeted  him.  Narrating  the  visit  to  Mr.  Har- 
vey, he  said : 

"  Mr.  Wilson  was  a  gentleman  whom  I  had  known  more 
or  less  for  a  quarter  of  a  century  ;  a  lawyer  of  pretty  exten- 
sive practice,  and  with  a  good  deal  of  talent ;   a  man  of  very 


l6  BENCH  AND   BAR    OF  MISSOVRF. 

violent  prejudices  and  temper,  who  had  spent  most  of  liis 
pubhc  hfe,  after  he  had  reached  manhood,  in  violent  opposi- 
tion to  Colonel  Benton.  It  was  not  so  much  an  opposition 
to  Colonel  Benton's  Democracy  as  it  was  a  personal  feud  — 
as  bitter  and  malignant  as  any  that  ever  existed  between  two 
men.  It  was  notorious  in  St.  Louis  that  when  Colonel  Ben- 
ton went  on  the  stump  John  Wilson  would  always  be  there 
to  meet  him,  and  to  abuse  him  in  the  most  virulent  terms,  and 
that  Mr.  Benton  would  return  the  fire.  I  had  not  seen  Wil- 
son for  a  good  many  years,  and  had  only  met  him  occasion- 
ally in  court.  He  came  to  me  now  a  broken  man,  prema- 
turely old,  with  a  wrecked  fortune  ;  and  after  some  conversa- 
tion, he  said  : 

'"I  am  going  to  emigrate  to  California  in  my  old  age,  Mr. 
Webster.  I  am  poor;  have  a  family;  and  although  it  mat- 
ters but  little  to  me,  for  the  short  time  that  remains  to  me, 
if  I  am  poor,  yet  there  are  those  who  are  dear  to  me,  whose 
condition  I  might  improve  by  going  to  a  new  country  and 
trying  to  mend  my  fortunes.  My  object  in  calling  on  you  is 
to  trouble  you  for  a  letter  to  some  one  in  California;  merely 
to  say  that  you  know  me  to  be  a  respectable  person,  worthy 
of  confidence.' 

"  After  expressing  my  regret  that  he  should  feel  obliged 
to  emigrate  to  such  a  distance  —  for  then  it  looked  like  a 
formidable  undertaking  to  go  to  California — I  asked  him 
if  he  was  fully  determined. 

"'Yes,'  said  he,  'I  have  made  up  my  mind.' 

"Then  I  set  about  thinking  what  I  could  do  for  him.  I 
saw  no  way  to  give  him  assistance.  I  had  no  particular  in- 
fluence with  the  government  at  that  time,  and  finally  I  said  : 

"  '  I  am  sorry,  Mr.  Wilson,  to  say  that,  so  far  as  I  am  aware, 
there  is  not  a  human  being  in  California  that  I  know.  If  I 
were  to  undertake  to  give  you  a  letter  to  any  one  in  Cali- 
fornia, I  should  not  know  to  whom  to  address  it.' 

"'That  makes  no  difference,'  said  he;  'everybody  knows 
you,  and  a  certificate  that  you  know  me  will  be  the  most  val- 
uable testimonial  I  could  have.' 

"  '  I  will  write  one  with  great  pleasure,  although  you  prob- 


THOMAS  H.  BENTON.  1/ 

ably  overrate  the  influence  of  my  name  in  California.  I 
want  to  do  you  a  service.  I  want  to  give  you  something 
that  will  be  of  benefit  to  you.  Let  me  see,  Mr.  Wilson; 
Colonel  Benton  almost  owns  California,  and  he  could  give 
you  a  letter  to  Fremont  and  others  that  would  be  of  first- 
rate  service  to  you.' 

"  He  looked  me  in  the  face,  half  astonished  and  half  in- 
quiringly, as  much  as  to  say,  '  Can  it  be  possible  that  you  are 
ignorant  of  the  relations  between  Colonel  Benton  and  my- 
self?' 

"  I  said,  'I  understand  what  you  mean;  I  am  perfectly 
well  aware  of  the  past  difficulties  between  you  and  Mr.  Ben- 
ton, and  the  bitter  personal  hostility  that  has  existed.  But 
I  want  to  say  to  you  that  a  great  change  has  come  over  Colo- 
nel Benton  since  you  knew  him.  His  feelings  and  senti- 
ments are  softened.  We  are  all  getting  older.  Our  fiery, 
hot  blood  is  getting  cooled  and  changed.  It  is  hardly  worth 
while  for  men,  when  they  are  getting  up  pretty  near  the 
maximum  of  human  life,  to  indulge  in  these  feelings  of  en- 
mity and  ill-will.  It  is  a  thing  that  we  ought  to  rid  ourselves 
of.  Colonel  Benton  and  I  have  been  engaged  in  a  war  of 
words,  as  you  and  he  have ;  and  up  to  two  or  three  years 
ago  we  went  out  of  the  same  door  for  years  without  so  much 
as  saying  '  Good-morning '  to  one  another.  Now,  I  do  not 
know  a  man  in  the  Senate  to  whom  I  would  go  with  more 
certainty  of  having  a  favor  granted  than  to  Colonel  Benton. 
He  feels  that  age  is  coming  upon  him,  and  he  is  reconciled 
to  many  of  his  bitterest  opponents." 

"  '  Is  thy  servant  a  dog,'  replied  Wilson,  '  that  he  should 
do  this  thing  ?  I  would  not  have  a  letter  from  him,  I  would 
not  speak  to  him,  I  would  not  be  beholden  to  him  for  a  fa- 
vor—  not  to  save  the  life  of  every  member  of  my  family! 
No,  sir  !  The  thought  of  it  makes  me  shudder.  I  feel  indig- 
nant at  the  mention  of  it.  /take  a  letter  from  Mr.  Benton? 
I  —  ' 

"'Stop,  stop!'  said  I;  'that  is  the  old  man  speaking  in 
you.     That  is  not  the  spirit  in  which  to  indulge.     I  know 

how  you  feel.'     And  while  he  was  raving,  and  protesting  and 

2 


1 8  BENCH  AND  BAR   OF  MISSOURI. 

declaring,  by  all  the  saints  in  the  calendar,  his  purpose  to  ac- 
cept no  favor  from  Colonel  Benton,  I  turned  round  to  my 
desk  and  addressed  a  note  to  Benton,  something  like  this : 

"  'Dear  Sir:  I  am  well  aware  of  the  disputes,  personal  and  political,  which 
have  taken  place  between  yourself  and  the  bearer  of  this  note,  Mr.  John  Wilson. 
But  the  old  gentleman  is  now  old  and  is  going  to  California,  and  needs  a  letter 
of  recommendation.  I  know  nobody  in  California  to  whom  I  could  address  a 
letter  that  would  be  of  any  service  to  him.  You  know  everybody,  and  a  letter 
from  you  would  do  him  a  great  deal  of  good.  I  have  assured  Mr.  Wilson  that 
it  will  give  you  more  pleasure  to  forget  what  has  passed  between  you  and  him, 
and  to  give  him  a  letter  that  will  do  him  good,  than  it  will  hin^  to  receive  it.  I 
am  going  to  persuade  him  to  carry  you  this  note,  and  I  know  you  will  be  glad 
to  see  him.' 

*'  Wilson  got  through  protesting,  and  I  read  him  the  note  ; 
then  I  said,  '  I  want  you  to  carry  it  to  Benton.' 

"  '  I  won't ! '  he  replied. 

"  I  coaxed  and  scolded  and  reasoned,  and  brought  every 
■consideration  —  death,  eternity,  and  everything  else  —  to 
bear,  but  it  seemed  to  be  of  no  use.  Said  I,  'Wilson,  you 
will  regret  it.' 

"After  awhile  he  got  a  little  softened,  and  some  tears 
flowed,  and  at  last  I  made  him  promise,  rather  reluctantly, 
that  he  would  deliver  the  note  at  Colonel  Benton's  door,  if 
he  did  not  do  any  more.  He  told  me  afterwards  that  it  was 
the  bitterest  pill  he  ever  swallowed.  Colonel  Benton's  house 
was  not  far  from  mine.  Wilson  took  the  note,  and,  as  he 
afterwards  told  me,  went  up  with  trembling  hands,  put  the 
note,  with  his  own  card,  into  the  hand  of  the  girl  who  came 
to  the  door,  and  ran  away  to  his  lodgings.  He  had  been 
scarcely  half  an  hour  in  his  room,  trembling  to  think  what 
he  had  done,  when  a  note  came  from  Colonel  Benton,  saying 
he  had  received  the  card  and  note,  and  that  Mrs.  Benton  and 
himself  would  have  much  pleasure  in  receiving  Mr.  Wilson 
at  breakfast,  at  nine  o'clock  the  next  morning.  They  would 
wait  breakfast  for  him,  and  no  answer  was  expected. 

"'The  idea!'  said  he  to  himself,  'that  I  am  going  to 
breakfast  with  Tom  Benton  !  John  Wilson  !  what  will  people 
say  ;  and  what  shall  I  say  ?     The  thing  is  not  to  be  thought 


THOMAS  //.  BENTON.  1 9 

of.  And  }et,  I  must.  I  have  delivered  the  note  and  sent 
my  card  ;  if  I  don't  go  now,  it  will  be  rude.  I  wish  I  had 
not  taken  it.  It  doesn't  seem  to  me  as  if  I  could  go  and 
sit  there  at  that  table.  I  lay  awake,'  said  he  afterwards,  to 
me,  '  that  night  thinking  of  it,  and  in  the  morning  I  felt  as  a 
man  might  feel  who  had  had  sentence  of  death  passed  upon 
him,  and  was  called  by  the  turnkey  to  get  up  for  his  last 
breakfast.  I  rose,  however,  made  my  toilet,  and,  after  hesi- 
tating a  great  deal,  went  to  Colonel  Benton's  house.  My 
hands  trembled  as  I  rang  the  bell.  Instead  of  the  servant, 
the  colonel  himself  came  to  the  door.  He  took  me  cordially 
by  both  hands,  and  said,  "  Wilson,  I  am  delighted  to  see 
you  ;  this  is  the  happiest  meeting  I  have  had  for  twenty 
years.  Give  me  your  hand.  Webster  has  done  the  kindest 
thing  he  ever  did  in  his  life."  Leading  me  directly  to  the 
dining-room,  he  presented  me  to  Mrs.  Benton,  and  then  we 
sat  down  to  breakfast.  After  inquiring  kindly  about  my 
family,  he  said,  "You  and  I,  Wilson,  have  been  quarreling 
on  the  stump  for  twenty- five  years.  We  have  been  calling 
each  other  hard  names,  but  really  with  no  want  of  mutual 
respect  and  confidence.  It  has  been  a  mere  foolish  political 
fight,  and  let's  wipe  it  out  of  mind.  Everything  that  I  have 
said  about  you  I  ask  your  pardon  for."  We  both  cried  a 
little,  and  I  asked  his  pardon,  and  we  were  good  friends.  We 
talked  over  old  matters,  and  spent  the  morning  till  twelve 
o'clock  in  pleasant  conversation.  Nothing  was  said  of  the 
letter  until  just  as  I  was  departing.  He  turned  to  his  desk, 
and  said,  "  I  have  prepared  some  letters  for  you  to  my  son- 
in-law  and  other  friends  in  California,"  and  he  handed  out 
nine  sheets  of  fools-cap. 

"'It  was  not  a  letter,  but  a  ukase  —  a  command  to 
"  every  person  to  whom  these  presents  shall  come,  greet- 
ing;  "  it  was  to  the  effect  that  whoever  received  them  must 
give  special  attention  to  the  wants  of  his  particular  friend, 
Colonel  John  Wilson,  of  St.  Louis.  Everything  was  to  give 
way  to  that.  He  put  them  into  my  hands,  and  I  thanked 
him  and  left.'  " 

Mr.  Webster  continued  :  "  Colonel  Benton  afterwards  came 


20  BENCH  AND   BAR    OF  MISSOURI. 

to  me  and  said,  '  Webster,  that  was  the  kindest  thing  you 
ever  did.  God  bless  you  for  sending  John  Wilson  to  me  ! 
That  is  one  troublesome  thing  off  my  mind.  That  was  kind, 
Webster.  Let  us  get  these  things  off  our  minds  as  fast  as 
we  can;  we  have  not  much  longer  to  stay;  we  have  got 
pretty  near  the  end ;  we  want  to  go  into  the  presence  of  our 
Maker  with  as  little  of  enmity  in  our  hearts  as  possible.'  " 

No  more  faithful  portraiture  of  the  natural  heart  and  im- 
pulses of  Colonel  Benton  could  be  given  than  is  furnished  by 
this  extract  from  Mr.  Harvey's  interesting  work.  There  is, 
however,  in  it  a  mistake  of  fact,  which  needs  correction.  Mr. 
Wilson  did  not  reside  in  St.  Louis,  but  during  most  of  his 
public  life  was  a  resident  of  central  and  north-western  Mis- 
souri. Nor  did  he  and  Colonel  Benton  ever  meet  on  the 
stump ;  for  it  was  an  invariable  rule  with  the  latter  never  to 
engage  with  one  in  a  political  discussion.  When  he  wished 
to  address  his  constituents,  he  appointed  a  day  and  hour, 
and  upon  closing  his  speech  left  the  room  or  ground.  He 
said  that  such  discussions  were  seldom  carried  on  with  any 
courtesy,  and  were,  therefore,  productive  of  no  good.  Colo- 
nel Benton  did  not  live  to  witness  the  civil  war,  but  he  left 
upon  record  his  belief  that  such  a  strife  was  almost  inevita- 
ble—  indeed,  his  prediction  seems  like  inspiration. 

He  devoted  several  years  of  the  latter  part  of  his  life  to 
the  preparation  of  two  valuable  works :  one  entitled  "  A 
Thirty  Years'  View ;  or.  History  of  the  Workings  of  the 
American  Government  from  1820  to  1850,"  in  two  volumes, 
octavo;  the  other,  "An  Abridgment  of  the  Debates  in  Con- 
gress from  the  Foundation  of  the  Government  to  1856." 
These  works  are  of  inestimable  value,  and  are  becoming 
better  appreciated  every  day;  and  in  time  will  form  a  part 
of  every  well-selected  library  in  the  country. 

After  he  left  the  Senate  the  people  of  the  St.  Louis  Dis- 
trict elected  him  to  Congress;  and  in  1856  he  announced 
himself  a  candidate  for  governor,  and  canvassed  the  state  in 
opposition  to  what  was  termed  the  Nullification  Resolutions 
of  the  previous  General  Assembly.  He  was  defeated  by 
Governor  Polk,  and  after  this  took  but  little  interest  in  pub- 


THOMAS  H.  BENTON.  21 

lie  affairs,  devoting  himself  to  the  preparation  of  the  works 
he  afterwards  published. 

Colonel  Benton  was  by  no  means  free  from  faults  —  the 
chief  of  which  was  egotism.  He  loved  to  speak  of  his  own 
exploits.  On  the  day  he  made  his  celebrated  speech  against 
the  "  Omnibus  Territorial  Bill,"  which,  by  way  of  derision, 
he  compared  to  old  Dr.  Jacob  Townsend's  sarsaparilla,  and 
in  which  he  kept  the  Senate  for  hours  in  a  roar  of  laughter 
at  the  expense  of  Mr.  Clay,  who  had  opposed  the  bills  sepa- 
rately, and  supported  them  when  consolidated,  we  overtook 
him  on  Pennsylvania  Avenue  as  he  was  returning  home. 
The  first  question  he  asked  was,  if  we  heard  his  speech  ;  and, 
on  receiving  an  affirmative  answer,  said,  "  Didn't  I  give  Clay 
h — 1?"  and  every  few  minutes  repeated  it  with  evident 
delight  and  satisfaction.  But  he  was  so  exemplary  a  man  in 
all  his  private  relations,  and  had  so  few  faults,  that  his 
friends  were  disposed  to  overlook  this,  prominent  as  it  was. 

In  his  family  he  was  kind  and  domestic.  It  is  known  that 
Mrs.  Benton  for  many  years  was  greatly  afflicted  with 
paralysis ;  but  to  enable  her  to  enjoy  the  society  of  her 
friends  he  would  take  her  in  his  arms  like  a  child,  and  carry 
her  to  the  parlor,  and  back  again  to  her  room.  We  have 
seen  him  do  this  at  least  a  dozen  times.  She  was  a  sister  of 
Governor  McDowell,  of  Virginia ;  and  no  wife  ever  received 
greater  devotion  from  her  husband  than  she  received  from 
Colonel  Benton. 

He  died  in  Wasiiington  City,  on  April  lO,  1858,  from  the 
effects  of  cancer  in  the  stomach.  His  remains  were  brought 
to  St.  Louis,  exhibited  in  state  for  several  days,  and  then 
interred  in  Bellefontaine  Cemetery.  As  the  casket  contain- 
ing the  corpse  was  borne  from  the  church,  at  least  40,000 
people  were  gazing  at  the  solemn  scene.  All  business 
houses  were  closed,  public  buildings  draped  in  mourning, 
flags  in  the  harbor  trailing  at  half-mast,  and  a  deep  gloom 
settled  over  the  great  city  of  the  West.  It  was  evident  that 
a  mighty  man  had  fallen. 

Alas  !  when  will  Missouri  have  another  Benton  ? 


George  shannon. 

This  strange  and  eccentric  lawyer  was  born  in  Penns}-!- 
vania,  in  1787.  He  was  of  Irish  descent.  When  a  mere 
boy  he  joined  the  expedition  of  Lewis  and  Clark  to  the 
Rocky  Mountains,  and  in  an  engagement  with  the  Indians 
received  a  wound  in  the  leg,  and  on  his  return  down  the  Mis- 
souri River  stopped  at  St.  Charles  and  had  the  limb  ampu- 
tated. He  procured  a  wooden  leg  shaped  at  the  end  like  a 
peg,  and  from  that  time  bore  the  sobnqiict  of  "  Peg-leg 
Shannon." 

Lewis  and  Clark  took  him  to  Philadelphia,  where  he  su- 
perintended the  publication  of  their  journal.  While  there 
he  studied  law,  and  was  admitted  to  the  bar,  and  soon  after- 
wards commenced  the  practice  in  Lexington,  Kentucky.  He 
was  eventually  appointed  a  circuit  judge,  which  office  he 
held  for  three  years. 

It  was  in  his  court  that  young  De  Shea,  a  son  of  the  gov- 
ernor of  Kentucky,  was  convicted  of  murder  in  the  first  de- 
gree. Judge  Shannon,  for  reasons  satisfactory  to  himself, 
granted  a  new  trial,  which  greatly  incensed  the  people,  who 
attributed  his  action  to  executive  influence.  This  no  doubt 
induced  the  judge  to  leave  Kentuck}',  for  in  1828  he  moved 
to  Missouri  and  located  at  Hannibal,  and  afterwards  settled 
permanently  at  St.  Charles.  For  a  short  time  he  occupied 
a  seat  in  the  State  Senate,  and  was  also  United  States  attor- 
ney for  Missouri,  and  became  a  candidate  for  United  States 
senator  at  the  time  Colonel  Benton  obtained  his  second 
election.  Judge  Shannon  was  a  man  of  considerable  abilit\', 
and  somewhat  distinguished  as  a  criminal  lawyer. 

He  died  very  suddenly  at  the  court-house  in  Palmyra, 
while  defending  a  man  indicted  for  murder.  He  was,  at  the 
time,  in  his  forty-ninth  year. 

He   was   very   young   when    his    father  died,   leaving    his 


GEORGE  SHANNON.  2 1 

mother  with  a  large  family  of  children  to  maintain  —  among 
them  four  or  five  sons,  all  of  whom  in  after-life  became  dis- 
tinguished for  their  talents.  His  brother  Wilson  Shannon 
was  at  one  time  governor  of  Ohio,  and,  in  1844,  minister  to 
Mexico,  under  President  Tyler.  He  also  served  in  Congress, 
and  was  appointed  governor  of  Kansas  Territory,  and  when 
Kansas  was  admitted  as  a  state  the  people  elected  him  as 
their  governor.      He  died  in  Kansas  in  1877. 

Another  brother,  by  the  name  of  James,  became  a  distin- 
guished lawyer,  and  practiced  many  years  in  Lexington, 
Kentucky.  Judge  Shannon  was  a  strong  and  vigorous 
speaker,  and  was  esteemed  by  the  profession  as  one  of  the 
most  effective  jury  lawyers  in  the  state.  His  knowledge  of 
men  was  very  great,  and  before  addressing  a  jury  he  studied 
the  character  of  each  juror,  and  adopted  a  line  of  argument 
calculated  to  win  their  support. 

The  county  of  Shannon,  in  this  state,  was  named  after 
him. 

During  the  latter  part  of  his  life  he  became  very  dissi- 
pated, and  when  under  the  influence  of  liquor  was  wild,  and  at 
times  desperate.  Putting  up  one  night  at  a  country  tavern, 
he  became  greatly  annoyed  at  the  loud  ticking  of  a  Yankee 
clock  which  hung  over  the  fire-place  in  his  room  ;  and  being 
in  that  nervous  condition  usually  attending  a  spree,  imagined 
that  the  noise  was  intended  for  his  special  benefit,  and  address- 
ing himself  to  the  clock,  said  :  "  Sir,  your  conversation  dis- 
turbs my  rest ;  be  kind  enough  to  suspend."  The  clock  fail- 
ing to  comply  with  his  request,  he  again  said  :  "  Sir,  this 
impertinence  cannot  be  endured  ;  and  unless  you  instantly 
cease  I  will  blow  you  to  h — 1."  But  the  clock  was  obstinate, 
and  failed  to  heed  the  threat,  whereupon  he  rose  from  his  bed, 
and  taking  from  his  saddle-bags  a  large-bored  pistol,  sent  a 
ball  through  the  face  of  his  disturber,  shattering  it  into  fifty 
pieces,  and  at  the  same  time  exclaiming,  "  Take  that  for  your 
impertinence,  you  d — d  Yankee  son  of  a  b — h."  The  next 
morning,  upon  ascertaining  what  he  had  done,  he  asked  the 
landlord  what  he  had  paid  for  his  clock,  and,  on  receiving  a 
reply,  promptly  handed  over  the  amount. 


24  BENCH  AND  BAR   OF  MISSOURI. 

Upon  another  occasion,  while  at  Jefferson  City  during  a 
session  of  the  Legislature,  and  stopping  at  the  Stone  Hotel, 
on  the  bank  of  the  "river,  he  became  incensed  at  one  of  his 
comrades,  a  senator,  and  getting  the  distinguished  represen- 
tative in  a  condition  which  offered  no  resistance,  he  led  him 
to  the  river,  put  him  in  a  skiff,  turned  the  boat  loose,  and  the 
unconscious  senator  floated  about  fifteen  miles  below  the 
capital  and  landed  on  a  sand-bar,  when  he  was  rescued  in  an 
almost  perished  condition. 

At  another  time,  at  the  same  hotel,  he  was  in  a  merry 
crowd,  and  one  of  them  proposed  to  him  that  if  either  would 
do  a  particular  act,  and  the  other  should  fail  to  follow  suit, 
the  delinquent  should  treat  the  crowd.  Thereupon  Shannon 
took  off  his  wooden  leg  and  threw  it  into  the  fire ;  and  as  the 
other  was  not  disposed  to  thus  jeopardize  a  sound  limb,  he 
was  forced  to  foot  the  bill. 


Edward  Hempstead. 

By  act  of  Congress  approved  June  4,  181 3,  the  name  of  the 
territory  of  Louisiana  was  changed  to  that  of  the  territory  of 
Missouri,  and  at  an  election  held  on  the  second  Monday  in 
November  of  that  year  the  subject  of  this  sketch  was  elected 
as  the  first  delegate  to  Congress  from  the  territory. 

He  was  born    in    New  London,   Connecticut,  on  June   3,  , 
1770,   over  a    century    ago,    and    came    to    the  territory    of 
Louisiana  as  early  as  1804,  traveling  all  the  way  on  horse- 
back. 

At  that  period  the  facilities  for  traveling  were  very  lim- 
ited—  indeed,  almost  confined  to  horseback.  There  were 
no  steamboats  plying  the  western  waters,  and  no  stage  routes 
west  of  the  Alleghany  Mountains.  It  is  true  that  now  and 
then  the  traveler,  after  reaching  the  Ohio  River,  would  take 
passage  on  a  flat-boat,  but  as  a  general  thing  he  relied  upon 
his  horse  —  traveling  weeks  and  months  without  shelter,  and 
exposed  to  all  the  dangers  and  privations  that  a  new  and 
almost  unexplored  region  subjected  him  to.  When  night 
overtook  him,  his  place  of  rest  was  upon  the  bare  ground, 
with  his  blanket  around  him  and  his  saddle  for  a  pillow,  first 
having  hobbled  his  horse  and  turned  him  loose  to  graze  upon 
the  shrubs  and  grass.  Such  were  the  facilities  offered  Mr. 
Hempstead  to  reach  the  Father  of  Waters. 

Mr.  Hempstead  received  a  classical  education,  and  was 
admitted  to  the  bar  in  1801  ;  and  after  practicing  three  years 
in  Rhode  Island,  came  West,  remaining  a  brief  period  in 
Vincennes,  then  in  the  territory  of  Indiana,  and  settled  in 
the  town  of  St.  Charles,  from  whence  he  removed,  in  1805, 
to  St.  Louis,  where  he  resided  till  his  death. 

Mr.  Hempstead  filled  many  public  positions,  with  great 
credit  to  himself  and  to  the  entire  satisfaction  of  the  govern- 
ment.    In  1806  he  received  the  appointment  of  deputy  attor- 


26  BENCH  AXD  BAR    UF  MISSOURI. 

ney-general  for  the  District  of  St.  Louis  and  St.  Charles,  and 
in  1809  became  attorney-general  for  the  territory  of  Upper 
Louisiana,  which  office  he  filled  till  181 1.  He  was  also  the 
first  delegate  to  Congress  from  the  western  side  of  the  Mis- 
sissippi River,  and  represented  Missouri  Territory  from  181 1 
to  1 8 14,  and  afterwards  became  speaker  of  the  Territorial 
Assembly.  It  will  be  thus  seen  that  almost  his  entire  profes- 
sional life  was  spent  during  the  territorial  government,  having 
died  four  years  prior  to  the  admission  of  Missouri  as  a  state. 
There  are  a  few  still  living  who  remember  him  well,  and  who 
delight  to  dwell  upon  his  virtues  and  his  talents. 

Mr.  Hempstead  died  in  St.  Louis  in  August,  18 17,  and 
though  it  was  seldom  that  an  obituary  notice  appeared  in  the 
press,  we  find  the  following  in  the  Missouri  Gazette  of  August 
16,  1817  : 

"Died,  on  Saturday  night  last,  of  a  sliort  illness,  Edward  Hempstead,  Esq., 
counselor  and  attorney  at  law,  and  formerly  a  delegate  from  this  territory  to 
Congress.  In  the  dear  relation  of  husband,  son,  and  brother,  the  deceased  is 
believed  to  have  fully  acted  up  to  his  duty.  The  sorrow  of  his  widow  and  rela- 
tions offered  the  most  eloquent  expression  of  his  domestic  worth.  On  Monday 
the, corpse  of  the  deceased  was  attended  to  the  place  of  interment  (at  the  plan- 
tation of  his  father,  Stephen  Hempstead,  Esq.)  by  a  greater  number  of  respect- 
able citizens  than  we  have  ever  witnessed  here  on  a  similar  occasion." 

As  a  lawyer,  Mr.  Hempstead  was  more  profound  than  bril- 
liant, and  no  one  at  the  bar  excelled  him  in  the  knowledge  of 
the  laws  and  regulations  of  the  territory.  He  made  a  good 
delegate  in  Congress,  and  served  his  constituents  most  faith- 
fully. 


GREER    W.    DAVIS. 

It  is  with  great  pleasure  we  are  able  to  give  even  a  brief 
sketch  of  the  professional  life  of  one  who  has  just  passed 
from  our  midst,  and  who  was  justly  entitled  to  the  appella- 
tion of  "  Father  of  the  Missouri  Bar  ;  "  for  he  practiced  law 
in  Cape  Girardeau  County  fifty-seven  consecutive  years,  and 
at  the  time  of  his  death  was  the  oldest  licensed  lawyer,  and 
the  oldest  practitioner,  in  the  United  States. 

Mr.  Davis  was  born  near  Washington,  Mason  County, 
Kentuck}^  in  January,  1799,  and  removed  to  Jackson,  Cape 
Girardeau  County,  Missouri,  in  February,  18 18,  where  he  read 
law  one  year  under  the  tuition  of  Timothy  Davis,  and  one 
year  in  the  office  of  Alexander  Buckner,  who  afterwards  rep- 
resented Missouri  in  the  United  States  Senate.  His  oppor- 
tunity for  acquiring  a  knowledge  of  the  law  could  not  have 
been  better,  for  both  Davis  and  Buckner  were  accomplished 
attorneys  in  full  practice.  He  obtained  his  license  on  Febru- 
ary 12,  1820,  and  immediately  entered  upon  the  practice  in 
Jackson,  where  he  resided  until  his  recent  death. 

Mr.  Davis'  education  commenced  in  the  common  schools 
of  the  country,  and  he  afterwards  entered  Washington  Acad- 
emy, and  finally  Transylvania  University ;  but  whether  or 
not  he  graduated  we  are  unable  to  say.  During  his  first 
year's  practice  he  was  appointed  circuit  attorney  for  his  cir- 
cuit, and  afterwards  elected  by  the  people,  and  held  the 
office  over  seventeen  years  —  proving  a  most  able  prose- 
cutor and  a  faithful  public  servant.  During  the  first  two  or 
three  years  of  his  practice  he  was  regarded  as  rather  a  fast 
young  man  —  not,  strictly  speaking,  dissipated,  but  given  to 
frolic  and  pleasure  ;  but  soon  after,  he  sowed  his  wild  oats, 
and  devoted  himself  exclusively  to  his  profession.  He  was 
frequently  solicted  to  become  a  candidate  for  office,  and  was 
tendered  the  judgeship  of  his  circuit,  but  nothing  could  in- 


28  BENCH  AND  BAR   OF  MISSOURI. 

duce  hiin  to  leave  his  practice;  for  he  loved  his  profession, 
and  soon  took  rank  among  the  ablest  of  our  lawyers.  He 
was,  however,  for  several  years  register  of  the  land-office 
at  Jackson,  a  position  he  accepted  at  the  urgent  solicitation 
of  the  Department  at  Washington. 

As  a  speaker  he  was  fluent,  logical,  and  impressive,  never 
indulging  in  a  superfluity  of  words,  or  lengthy  harangue; 
and,  like  Mr.  Calhoun,  had  the  power  of  condensation  in  a 
remarkable  degree  —  which  always  gave  him  strength  before 
a  court,  and  more  than  ordinary  influence  with  a  jury.  In  his 
argument  he  selected  the  strong  points  of  his  case,  exhibited 
them  in  the  strongest  light,  leaving  the  minor  ones  to  take 
care  of  themselves.  He  never  committed  the  error  of  impair- 
ing a  strong  point  in  the  attempt  to  give  an  undue  importance 
to  a  weak  one.  He  was  always  a  very  successful  lawyer,  for, 
in  addition  to  his  thorough  knowledge  of  the  law,  he  carried 
with  him  the  most  exalted  character  for  honesty  and  integ- 
rity ;  for  nothing  did  he  despise  more  than  trickery  or  low 
cunning.  No  one  can  say  that  he  was  ever  guilty  of  a  mean 
act  to  win  a  cause  or  accomplish  an  end.  He  was,  moreover, 
one  of  the  most  kind-hearted  and  benevolent  of  men  — 
always  ready  to  give  to  the  poor  and  needy,  and  cheerfully 
responding  to  every  call  of  deserved  charity. 

One  of  the  noblest  traits  of  his  professional  character  was 
a  desire  to  keep  his  clients  out  of  litigation,  if  the  matter  in 
dispute  could  be  compromised  upon  fair  and  equitable  terms  ; 
indeed,  it  is  said  that  he  compromised  more  cases  and  settled 
more  disputes  than  all  the  other  lawyers  of  his  bar  combined. 
If  in  the  attempt  to  compromise  his  fee  was  in  the  way,  or 
presented  any  obstacle,  he  would  remit  a  part,  and  sometimes 
the  whole,  rather  than  permit  the  litigation  to  continue  — 
particularly  if  the  strife  was  between  neighbors.  He  was 
eminently  a  man  of  peace  as  well  as  law. 

Another  peculiarity  he  possessed  as  a  lawyer  was  the  power 
to  concentrate  his  thoughts  upon  any  subject  that  engaged 
his  mind.  He  could  sit  in  court  with  clients  around  him, 
and  subject  to  all  the  interruptions  attending  the  session  of  a 
court,  and  draw  up  a  pleading,  contract,  or  any  legal  paper, 


GREER    \V.  DAVIS.  29 

* 

with  as  much  precision  and  accuracy  as  though  sitting  in  his 
office  free  from  all  interruption.  He  was  thoroughly  versed  in 
the  common-law  system  of  pleading,  which  gave  him  a  great 
advantage,  particularly  over  lawyers  educated  under  a  differ- 
ent system.  Like  mostof  the  old  lawyers,  he  became  greatly 
incensed  at  the  introduction  of  the  "Wells  Code,"  regarding 
it  as  a  mere  contrivance  to  aid  the  uneducated  and  ignorant 
practitioners.  In  fact,  most  of  the  well-educated  lawyers  of 
the  state  opposed  it,  upon  the  ground  that  it  was  an  unwise 
innovation  upon  a  system  of  pleading  that  had  been  sanc- 
tioned and  perfected  by  the  legal  learning  of  centuries.  They 
subscribed  to  the  legal  maxim,  "  Oinuis  innovatio  plus  novitaie 
pcrUirbat  quam  uiilitate  prodcsty 

Mr.  Davis  died  very  recently,  February  25,  1878,  aged 
seventy-nine  years  and  thirteen  days.  He  joined  the  Meth- 
odist church  as  early  as  1824,  and  lived  the  life  of  an  exem- 
plary Christian.  "  His  death  was  not  the  darkness  of 
despair,  but  was  radiant  with  the  hope  of  a  happy  immor- 
tality beyond  the  grave." 

During  the  last  winter  we  received  several  letters  from 
him  imparting  valuable  information  in  regard  to  the  early 
bar  of  south-eastern  Missouri.  They  are  written  in  a  round, 
legible  hand,  and  a  style  indicating  that  he  had  lost  none  of 
the  vigor  of  his  mind.  We  had  expressed  to  his  son,  who 
is  a  member  of  the  St.  Louis  bar,  our  intention  to  dedicate 
this  work  to  him  as  the  only  survivor  of  the  territorial  law- 
yers of  Missouri;  but,  alas!  before  this  manuscript  could 
reach  the  hands  of  the  printer,  he  was  also  gathered  to  his 
fathers. 

"  Man  is  his  own  star,  and  the  soul  that  can 
Render  an  honest  and  a  perfect  man 
Commands  all  light,  all  influence,  all  fate  ; 
Nothing  to  him  falls  early,  or  too  late." 


George  Tompkins.  " 

This  gentleman  was  for  many  years  presiding  justice  of 
the  Supreme  Court  of  Missouri,  and  was  appointed  to  the 
bench  in  1824.  He  w^as  born  in  Carohne  County,  Virginia, 
m  March,  1780.  He  was  of  EngHsh  descent,  and  his  ances- 
tors were  among  the  early  settlers  of  Virginia,  owned  large 
tracts  of  land  and  many  slaves,  and  were  largely  engaged  in 
the  cultivation  of  tobacco,  which  they  shipped  to  the  Old 
Country.  His  father  had  thirteen  children,  George  being 
next  to  the  youngest.  It  does  not  appear  that  his  education 
was  above  that  usually  obtained  in  the  common-field  schools 
of  the  Old  Dominion  ;  but  he  must  have  improved  himself 
greatly  by  reading,  for  he  became  a  very  good  English 
scholar.  It  is  not  known  precisely  what  time  he  left  Virginia, 
but  it  must  have  been  near  the  time  he  attained  his  major- 
ity ;  for  on  a  blank  leaf  in  an  old  arithmetic  printed  in  1797, 
which  at  his  death  was  found  among  his  books,  there  is  a 
memorandum  in  his  own  handwriting  from  which  it  appears 
that  on  April  29,  1806,  he  located  at  the  "  Rapids  of  Ohio," 
and  had  then  been  in  Jefferson  County,  Kentucky,  at  least 
two  years. 

He  left  home  with  $100  in  his  pocket,  given  to  him  by 
his  father,  and  rode  to  Kentucky  on  horseback.  Ten  years 
afterwards  his  father  died,  and  George  became  entitled  to  a 
share  of  his  estate,  but  for  some  reason  he  refused  to  receive 
it —  most  probably  from  the  fact  that  he  had  a  large  number 
of  sisters,  and  wished  them  to  retain  it.  He  remained  in 
Kentucky  about  six  or  seven  years,  teaching  school  most  of 
the  time,  and  reading  such  law-books  as  fell  in  his  way.  He 
could  not  have  been  long  at  the  "  Rapids,"  for  it  is  stated  in 
the  Illustrated  History  of  Missouri,  by  Davis  and  Durie, 
"that  in  1804  the  first  English  school  was  opened  in  St. 
Louis  by  a   man  named  Rotchford,  who  was  succeeded    by 


GEORGE    TOMPKINS.  3 1 

George  Tompkins,  a  young  Virginian,  who  rented  a  room 
on  the  north  side  of  Market  Street,  between  Second  and 
Third,  for  his  pupils,  and  studied  law  at  the  same  time." 
The  population  of  St.  Louis  could  not  then  have  exceeded 
1,500,  for  it  had  increased  but  little  since  1799,  and  a  census 
taken  in  that  year  places  it  at  925.  It  was  a  small  village,  and 
the  inhabitants  Creole  French,  with  the  exception  of  two 
American  families  by  the  name  of  Sullivan  and  Adams.  Mr. 
Tompkins,  while  teaching,  boarded  in  a  French  family,  and 
there  obtained  his  knowledge  of  that  language.  Among 
Judge  Tompkins'  pupils  was  Louis  A.  Benoist,  who  became 
a  wealthy  banker  in  St.  Louis. 

In  1 8 16,  the  }-ear  of  the  introduction  of  the  common  law 
into  the  territory  of  Missouri,  he  settled  in  old  Franklin, 
Howard  County,  and  entered  upon  the  practice  of  the  law. 
He  was  twice  elected  to  the  Territorial  Legislature,  which 
then  sat  at  St.  Charles. 

In  1824  he  was  appointed  judge  of  the  Supreme  Court, 
which  position  he  held  till  1845,  when  he  was  compelled  to 
retire  by  a  constitutional  provision  which  prohibited  any  per- 
son from  holding  the  office  after  reaching  the  age  of  sixty- 
five.  He  died  on  his  farm  near  Jefferson  City,  on  April  7, 
1846,  in  his  sixty-seventh  year. 

As  a  lawyer  he  was  very  successful,  but  we  shall  deal  with 
him  as  a  judge  ;  for  it  is  in  that  capacity  he  was  best  known 
to  the  people  of  Missouri.  That  he  was  a  fine  jurist,  and  a 
man  of  spotless  integrity,  admits  of  no  question.  His  opin- 
ions published  in  the  early  volumes  of  our  Reports  evince 
much  learning  and  legal  research.  He  was  a  great  stickler 
for  precedent  and  authority,  and  upon  one  occasion  led  the 
court  to  a  decision  which  was  in  violation  of  every  principle 
of  justice,  and  robbed  many  a  widow  and  orphan  of  their 
patrimonial  estate.  We  allude  to  the  case  of  Lecompte  vs. 
Seargent,  reported  in  7th  Missouri  Reports,  page  351,  where 
the  court  held  "  that  no  principle  of  la\v  is  better  settled 
than  that  an  executor  or  administrator  is  for  every  purpose 
the  owner  of  the  moneys  of  his  testator  or  intestate  which 
have  come  to  his  hands.     Therefore,  when  an  administrator 


32  BENCH  AND  BAR   OF  MlSSOriU. 

took  a  note  for  money  loaned,  in  which  note  he  was  named 
A  B,  administrator,  etc.,  the  individual  debts  of  the  adminis- 
trator may  be  set  off  against  the  note." 

The  same  doctrine  was  held  in  Thomas  vs.  Relfe,  9th 
Missouri  Reports,  page  377  ;  and  such  was  held  to  be  the 
law  until  the  decision  of  Lessing,  Mayer  &  Co.  vs.  Ver- 
trees,  in  32d  Missouri  Reports,  page  431.  We  were  then  on 
the  bench,  and  delivered  the  opinion  which  overruled 
Lecompte  vs.  Seargent,  and  Thomas  vs.  Relfe.  The  rul- 
ing in  these  cases  seemed  to  us  so  repugnant  to  every 
principle  of  right  and  justice  that  we  took  occasion  to 
examine  with  much  care  the  authorities  bearing  upon  the 
point.  The  chief  authority  relied  upon,  and  cited  in 
Lecompte  vs.  Seargent,  was  Farr  ct  al.  vs.  Newman  el  al., 
4th  Durnford  and  East,  page  347.  Judge  Tompkins  was 
misled  by  a  reference  to  the  case  in  an  old  English  di- 
gest which  he  carried  from  court  to  court  in  his  saddle- 
bags. What  he  supposed  was  the  opinion  of  the  court  was 
merely  the  dissenting  opinion  of  Justice  BuUer.  He  never 
saw  the  report  of  the  case,  for  three  of  the  judges  held  to 
the  contrary,  and  their  opinion  became  the  judgment  of  the 
court. 

We  have  been  particular  in  referring  to  this  case  for  the 
purpose  of  showing  the  disadvantage  under  which  the  early 
judges  labored  for  the  want  of  access  to  books. 

Judge  Tompkins  resided  the  last  part  of  his  professional 
life  on  a  farm  about  a  mile  west  of  Jefferson  City.  He  took 
great  delight  in  horticulture,  and  raised  the  finest  fruit  in 
that  section  of  the  state.  We  visited  him  in  the  winter  of 
1836-7,  and  partook  of  some  of  his  apples  and  pears,  which 
for  fine  flavor  and  delicacy  could  hardly  be  excelled.  He 
was  a  man  full  of  whims,  oddities,  and  eccentricities,  and 
not  unfrequently  perpetrated  some  good,  old,  genuine 
mother  wit.  Many  anecdotes  of  him  have  been  handed  down 
to  us,  some  of  which  we  shall  give  : 

Our  visit  to  Jefferson  City  in  the  winter  of  1836-7  was  to 
obtain  a  law  license,  which  could  only  be  granted  by  one  of 
the   supreme  judges,  and  then  only  upon  a  personal   exami- 


GEORGR    TOMPK'/XS.  33 

nation  of  the  applicant  by  the  judge  himself.  General  Doni- 
phan, then  the  most  prominent  member  of  the  General 
Assembl}%  was  kind  enough  to  tender  us  a  letter  of  intro- 
duction, and  as  he  did  so  whispered  in  our  ear,  "  Don't  forget 
to  arm  yourself  with  plenty  of  good  cigars,  and  a  little  old 
Kentucky  bourbon."  Thanking  the  general  for  his  letter 
and  time!)'  advice,  we  started  for  the  judge's  residence,  who 
gave  us  a  hearty  welcome  and  some  good  old  cider  of  his  own 
manufacture  —  for  he  had  a  splendid  orchard,  and  would 
talk  fruit  and  horticulture  from  morning  till  night.  He  was  as 
much  at  home  on  that  subject  as  General  Grant  is  upon  the 
subject  of  dogs  and  horses.  Said  he,  "  Have  you  a  room  by 
yourself  at  the  hotel?  "  We  replied,  "  Yes."  "  Then,"  said 
he  (for  it  was  getting  near  sun-down),  "  I  will  call  upon  you 
at  nine  o'clock  in  the  morning."  Promptly  to  the  hour  he 
called,  and,  after  passing  the  usual  compliments  of  the  day, 
began  the  examination. 

"  Can  you  tell  me,"  said  he,  "whether  Blackstone  wore  his 
hair  long  or  short?  "  We  replied  that,  from  the  pictures  of 
him  we  had  seen,  he  was  represented  with  long  curly  hair, 
hanging  to  his  shoulders,  powdered  white.  "  Wrong  !  "  said 
he,  "  for  he  had  no  hair — was  bald  as  a  marble  slab  —  wore  a 
wig."  This  attempt  at  humor  put  us  on  our  guard,  and  gave 
us  to  understand  what  we  might  expect.  We  invited  him  to 
a  cigar,  which  he  readily  took,  and  then,  after  a  short  disqui- 
sition on  smoking,  broke  out  in  a  perfect  avalanche  of  ques- 
tions on  the  law  of  real  estate,  most  of  which  we  readily 
answered,  but  a  few  were  entirely  too  abstruse  for  our  dull 
comprehension ;  and  when  he  drove  us  to  the  wall  we 
invited  him  to  a  new  cigar,  or  a  little  bourbon,  as  the  readi- 
est means  of  escape;  and  if  that  failed,  we  talked  apples, 
pumpkins,  and  grapes,  until  he  entirely  lost  the  subject  of 
his  inquiry.  In  this  way  two  long  days  of  anxiety  to  us 
were  spent,  and  as  our  cigars  were  about  to  give  out,  and 
the  brandy  had  nearly  reached  the  bottom  of  the  jug,  he 
asked  if  we  had  prepared  the  license.  We  told  him  we  had 
not,  as  we  had  no  assurance  that  he  would  grant  it.  "  Oh," 
said  he,  "  I  was  ready  to  grant  it  after  the  first  hour's  exami- 

3 


34  BENCH  AND  BAR    OF  MISSOURI. 

nation ;  but  your  cigars  were  so  good,  and  your  whisky  so 
palatable,  that  I  could  not  resist  the  temptation  to  prolong 
my  visit." 

We  mention  this  by  way  of  introducing  the  reader  to 
other  instances  of  eccentricity  which  we  shall  have  occasion 
to  refer  to.  The  advice  of  General  Doniphan  was  no  doubt 
well  intended,  but  it  cost  us  no  little  mental  anxiety,  to  say 
nothing  of  our  expenditure  in  brandy  and  cigars.  We 
never  visited  Jefferson  City  afterwards  without  receiving — 
when  he  was  at  home  —  an  invitation  to  spend  a  night  with 
him. 

At  times  he  was  irritable  on  the  bench,  and  would  fre- 
quently interrupt  counsel  in  their  argument  with  some  odd 
remark  or  sarcastic  inquiry.  He  dressed  very  plain,  but 
never  could  tolerate  slovenliness  in  others.  A  lawyer  from 
one  of  the  south-eastern  counties,  by  the  name  of  Mendell, 
was  once  engaged  in  an  argument  in  his  court,  when  Judge 
Tompkins  interrupted  him,  near  the  time  of  the  adjourn- 
ing hour,  by  saying,  "  Mr.  Mendell,  it  is  impossible  for  this 
court  to  see  any  law  through  as  dirty  a  shirt  as  you  have  on  ; 
and  this  court  will  now  adjourn  until  ten  o'clock  to-morrow 
morning,  to  give  you  an  opportunity  to  change  your  linen." 

In  our  memoir  of  Peyton  R.  Hayden,  the  reader  will  see 
a  fine  piece  of  repartee  on  the  part  of  Mr.  Hayden,  in 
reply  to  an  inquiry  of  the  judge.  Both  were  eminent  men, 
and  probably  no  great  amount  of  love  was  lost  between 
them  ;  and,  as  both  were  somewhat  irritable,  many  amusing 
scenes  occurred  between  them.     We  will  give  one  or  more  : 

Mr.  Hayden,  in  his  arguments  before  the  court,  seldom 
used  the  words  "plaintiff"  and  "defendant,"  but  called  the 
parties  b}'  name.  Upon  one  occasion  he  was  making  an 
argument  in  behalf  of  a  client  by  the  name  of  Jones,  and 
repeated  the  name  frequently.  Said  Judge  Tompkins  to 
him,  "  Mr.  Hayden,  will  you  do  me  a  favor?"  "Yes,  sir," 
said  Hayden,  "  I  have  known  your  honor  a  long  time,  sir, 
and  will  be  glad,  sir,  to  do  }'ou  any  reasonable  favor  in  my 
power."  "  I  thought,"  said  the  judge,  "  if  you  have  no 
objection,  you  might  be  willing  to  tell  me  the  iianic  of  your 


GEORGE    TOMPKINS.  35 

client."  [A  loud  laugh  from  the  bar  at  the  expense  of  Mr. 
Hayden.]  "Of  course,  sir;  my  client's  name,  sir,  is  Will- 
iam Jones,  sir.  He  lives  down  on  the  Moro  [a  small  stream 
about  four  miles  below  Jefferson  City],  sir,  just  below  Jeffer- 
son City,  sir.  His  name  is  William  Jones,  sir."  "  I  thank 
you,"  said  the  judge  ;  "  proceed  in  your  argument."  Mr. 
Hayden  continued  his  argument,  and  went  over  the  same 
point  with  the  same  illustration  several  times,  when  the  judge 
again  became  impatient,  and,  interrupting  him,  said,  "  I  wish 
to  know,  ]\Ir.  Hayden,  if  you  will  do  me  another  favor." 
"Certainly,  sir,"  said  Hayden,  "with  great  pleasure,  sir." 
"Then,  I  wish  to  know,"  said  the  judge,  "if  you  don't  think 
that  when  a  lawyer  has  said  the  same  thing  150  times,  that 
that  is  enough  ?  "  Hayden  paused  a  moment,  and  replied, 
"  No,  sir  ;  I  don't  think  any  such  thing,  sir,  and  will  tell  you 
why,  sir.  I  suppose,  sir,  that  if  I  had  mentioned  the  name 
of  my  client,  Jones,  in  this  argument  once,  sir,  I  had  done  so 
150  times,  sir,  but  after  all,  your  honor,  sir,  forgot  his  name, 
and  you  asked  me,  sir,  what  it  was,  and  I  had  to  tell  you. 
So,  my  plan  is,  not  only  to  say  a  thing,  btit  to  rub  it  in  if  I 
can!'  [A  roar  of  laughter  by  the  bar  and  spectators  at  the 
expense  of  the  judge.] 

Upon  another  occasion  Mr.  Hayden  quoted  a  decision  of 
a  justice  of  the  peace  in  support  of  his  side  of  the  cause, 
which  greatly  vexed  Judge  Tompkins,  who  said  to  him, 
"  Wliat  do  you  mean,  Mr.  Hayden,  by  quoting  such  an 
opinion  here  ;  don't  you  know  that  it  has  no  authority  in  this 
court?  I  am  astonished  at  such  reckless  waste  of  the  time 
of  the  court."  "I  don't  know  why,  sir,"  said  Mr.  Hayden; 
"  I  frequently  find  that  the  decisions  of  these  justices  of  the 
peace  are  quite  as  able  as  the  opinions  of  this  court.  I 
sometimes  appeal  to  the  justices  of  the  peace  from  the 
opinions  of  the  Supreme  Court,  and  sometimes  I  appeal 
from  the  opinions  of  the  justices  of  the  peace  to  this  court ; 
and  I  never  could  tell  whether  the  case  was  better  settled 
ivhen  I  appealed  up  or  lohen  I  appealed  doiun." 

Judge    Tompkins   was    not    proof   against    flattery    when 
judiciously  applied.     But  in  this  he  had  many  worthy  exam- 


^6  BENCH  AND  BAR   OF  MISSOURI. 

pies  among  the  judiciary.  Lord  Bacon,  the  most  learned  of 
the  English  jurists  in  the  time  of  Elizabeth,  was  particularly 
susceptible  to  it,  and  it  no  doubt  gave  strength  to  the  charges 
of  misconduct  against  him  which  caused  his  downfall. 

A  little  flattery,  particularl)-  if  mixed  A\ith  a  little  wit,  is 
sometimes  more  effectual  than  the  law. 

In  a  recent  number  of  the  Western  Jurist  there  is  related 
an  anecdote  of  a  countrywoman  in  one  of  the  small  courts 
of  Germany,  which  is  a  good  illustration.  The  attorney  of 
her  opponent  pestered  her  with  so  much  chicanery  and  legal 
subtleties  that  she  lost  all  patience,  and  interrupted  him 
thus:  "My  lord,  the  case  is  simply  this:  I  bespoke  of  my 
opponent,  the  carpet-maker,  a  carpet  with  figures,  which  was 
to  be  as  handsome  as  my  lord  the  judge,  and  he  wants  now 
to  force  me  to  take  one  with  horrible  caricatures,  uglier  even 
than  his  attorney.  Was  I  not  right  in  breaking  off  the  bar- 
gain ?  "  The  court  laughed  at  the  comparison,  the  attorney 
was  stupefied,  and  the  woman  won  her  suit. 

Judge  Tompkins  left  no  family. 


Nathaniel  w.  Watkins. 

General  Watkins  obtained  his  military  title  from  services 
rendered  in  the  state  militia  ;  for  he  held  the  commission  of 
brigadier-general.  He  was  born  in  Woodford  County,  Ken- 
tucky, on  January  28,  1796,  and  was  a  half-brother  of  Henry 
Clay.  He  came  to  this  state  in  1820,  and  located  at  Jack- 
son, Cape  Girardeau  County,  where  he  practiced  law  until 
his  death,  which  took  place  March  20,  1875,  at  the  ripe  age 
of  seventy-nine. 

He  served  several  terms  in  the  State  Legislature ;  was  a 
member  of  the  Convention  which  met  in  St.  Louis  imme- 
diately preceding  the  war,  to  take  into  consideration  the  re- 
lations of  the  state  towards  the  Federal  government — in 
other  words,  it  was  called  by  the  Legislature,  a  majority  of 
whom  were  secessionists  —  to  adopt  a  secession  ordinance; 
but  the  people  thwarted  the  attempt  by  electing  Union  men. 
General  Watkins  was  also  a  member  of  the  late  Convention 
called  to  amend  the  Constitution,  and  rendered  very  efficient 
service  in  that  body.  He  was  too  devoted  to  his  profession 
to  become  an  office-seeker;  hence  he  occupied  but  few 
places  of  public  trust.  Had  he  possessed  any  ambition  for 
public  honors,  no  doubt  he  would  have  been  gratified  ;  for  he 
had  traits  of  character  and  mind  well  calculated  to  secure 
public  favor.  He  was  personally  popular,  active,  and  ener- 
getic, and  as  a  speaker  very  forcible,  and  at  times  impas- 
sioned and  eloquent.  In  this  respect  he  partook,  though  in 
a  less  degree,  of  the  nature  of  his  gifted  half-brother.  As  a 
lawyer  he  always  commanded  a  good  practice,  and  was  gen- 
erally successful.  One  of  his  faults  was  a  habit  of  some- 
times denouncing  the  opposing  counsel  and  party  —  a  prac- 
tice that  seldom  accomplishes  any  good,  and  often  results  in 
the  loss  of  a  meritorious  cause. 

General  Watkins   was    a    kind,   amiable,   and    benevolent 


38  BENCH  AND  BAR   OF  MISSOURI. 

man,  and  exceedingly  liberal  to  the  poor.  No  appeal  was 
ever  made  to  his  sympathy  to  which  he  did  not  cheerfully 
respond.  lie  was  one  of  those  men  who  took  more  pleasure 
in  giving  than  receiving.  In  the  younger  members  of  the 
profession  he  always  took  a  deep  interest,  and  if  it  was  in 
his  power  to  do  anything  to  aid  and  encourage  them,  he 
never  failed  to  do  it.  He  was  a  man  of  great  personal  mag- 
netism, easy  and  polite  in  his  manners,  and  made  friends 
wherever  he  went.  As  a  jury  lawyer  he  met  with  unbounded 
success,  and  {&\n  criminals  were  ever  convicted  when  he  was 
retained  on  the  part  of  the  defense.  He  managed  his  cases 
with  great  adroitness,  and  always  kept  the  opposing  counsel 
uneasy. 

General  Watkins  had  not  the  benefit  of  a  classical  educa- 
tion, for  the  circumstances  of  his  parents  would  not  admit 
of  it.  At  an  early  period  he  showed  an  adaptation  to  the 
legal  profession,  and  it  was  fortunate  that  he  had  it  in  his 
power  to  pursue  a  regular  course  of  legal  studies  in  the 
Transylvania  Law  School,  at  Lexington,  in  which  institution 
he  graduated  with  distinction.  His  fondness  for  flowers  and 
shrubbery  was  proverbial;  and  had  he  pursued  the  study  of 
botany,  would  no  doubt  have  become  quite  proficient  in  it. 
Like  most  of  the  early  lawyers,  he  had  a  farm,  and  devoted 
all  his  spare  time  to  its  cultivation. 

There  seems  to  be  an  affinity  between  Law  and  Agricul- 
ture ;  for  you  rarely  find  a  good  lawyer  who  does  not  at 
some  period  of  his  life  engage  in  the  cultivation  of  the 
ground.  All  the  early  presidents  and  jurists  were  farmers, 
and  many  became  fine  horticulturists.  It  is  said  that  Mr.  Jef- 
ferson would  follow  the  plow  for  days  and  weeks  preceding 
the  planting  season;  and  there  is  a  story  extant  of  Silas 
Wright,  of  New  York,  to  the  effect  that  a  distinguished 
foreigner,  on  his  way  through  western  New  York,  called 
upon  him  and  found  him  plowing  in  his  field,  with  his  panta- 
loons rolled  up  above  his  knees.  Mr.  Van  Buren  always 
lived  on  a  farm  adjoining  Kinderhook,  and  Chief  Justice 
IVIarshall  was  about  as  well  versed  in  farming  as  in  the  law. 
Mr.  Webster  was   never   so   happy  as  when   toiling   on   his 


NATHANIEL    W.    W ATKINS.  39 

plantation  at  Marshfield.  An  amusing  incident  is  told  of 
him,  which  the  reader  no  doubt  recollects,  but  it  will  well  bear 
repetition  :  A  young  man  rather  dandified  in  his  appearance 
called  upon  the  great  lawyer  at  Marshfield,  and  when  he 
reached  the  road  in  front  of  the  house,  found  that  he  could 
not  cross  it  without  soiling  his  boots,  as  recent  rains  had 
deluged  the  country.  Mr.  Webster,  whom  the  stranger  had 
never  seen,  was  standing  a  few  rods  off,  and,  seeing  his  vis- 
itor hesitate,  approached  him,  and  taking  off  his  shoes  and 
rolling  up  his  pants,  waded  to  him,  took  him  on  his  shoulders, 
and  landed  him  safely  on  dry  ground.  When  they  reached 
the  house  the  visitor  requested  that  his  card  might  be  sent 
to  Mr.  Webster.  "Well,"  said  Mr.  Webster,  "that  is  my 
name."  "No,"  said  the  other,  "I  want  to  see  Webster  the 
great  United  States  senator."  "  Well,  sir,  my  name  is  Web- 
ster, and  I  am  a  United  States  senator,  but  by  no  means  a 
great  one."  The  scene  became  too  ludicrous  even  for  the 
gravity  of  Mr,  Webster,  and  both  broke  out  in  a  hearty 
laugh. 

All  the  early  judges,  and  most  of  the  early  lawyers,  of  Mis- 
souri were  farmers.  Tompkins  and  Scott  had  farms  in  the 
vicinity  of  Jefferson  City.  Judge  McGirk  lived  on  one  of 
the  finest  plantations  of  the  state,  on  Lieuter  Island,  in 
Montgomery  County.  Edward  Bates  lived  for  a  number 
of  years  on  a  fine  farm  in  St.  Charles  County,  but  he  was 
not  a  very  successful  cultivator  of  the  soil,  for  he  frequently 
said  it  took  all  that  lawyer  Bates  could  make  to  support 
farmer  Bates. 

That,  however,  was  not  the  case  with  General  Watkins, 
for  he  was  successful  in  both.  But  one  of  the  chief  causes 
of  his  success  at  the  bar  was  the  happy  facility  he  possessed 
of  winning  the  favor  and  confidence  of  witnesses,  thereby 
enabling  him  to  elicit  more  from  them  in  behalf  of  his  client, 
and  keeping  back  more  that  might  be  unfavorable,  than  any 
of  his  legal  associates.  Probably  the  most  laborious  jDosition 
filled  by  General  Watkins  was  that  of  speaker  of  the  House 
of  Representatives  of  the  Sixteenth  General  Assembly.  To 
make  a  good  presiding  officer  not  only  requires  a  thorough 


40  BENCH  AND   BAR    OF  MISSOCRI. 

knowledge  of  parliamentary  law,  but  a  cool  and  dispassion- 
ate head,  capable  of  commanding,  and,  in  times  of  great  ex- 
citement, enforcing,  obedience  to  the  rules  and  regulations 
of  the  body.  That  General  Watkins  possessed  these  quali- 
ties in  an  eminent  degree  was  conceded  by  all.  Some  men 
are  peculiarly  fitted  for  the  place,  and  we  can  recall  no  one 
who  was  more  so  during  our  service  in  the  Legislature  than 
General  Sterling  Price.  Both  he  and  Watkins  were  en- 
dowed with  the  power  to  command  respect  and  enforce 
obedience  —  both  of  which  are  necessary  to  control  a  delib- 
erate bod)-. 

The  memory  of   General  Watkins  is  greatly  revered  by 
the  people  of  south-eastern  Missouri. 


ALEXANDER    BUCKNER, 

One  of  the  earliest  of  the  United  States  senators  from  Mis- 
souri, was  born  in  Jefferson  County,  Kentucky,  about  the 
year  1785,  and  moved  from  Kentucky  to  Indiana,  where  he. 
entered  upon  the  practice  of  the  law  ;  but,  having  become 
involved  in  a  duel,  emigrated  to  Missouri  in  18 18,  and 
located  in  Cape  Girardeau  County,  where  he  purchased  a 
farm,  and  combined  farming  with  the  practice  of  the  law 
—  not  unusual  with  the  early  members  of  the  profession. 
Colonel  Buckner  was  a  member  of  the  Convention  called 
to  frame  a  state  constitution  preparatory  to  the  admission  of 
Missouri  into  the  Union  ;  and  also  served  in  the  Legislature. 

In  1 83 1  he  was  elected  to  the  United  States  Senate  for  a 
full  term,  but  died  in  1833,  about  forty-six  or  forty-seven 
years  of  age.  We  are  not  aware  of  his  holding  any  other 
office,  except  that  of  circuit  attorney,  and,  for  a  brief  period, 
state  senator. 

Mr.  Buckner,  or,  as  he  was  usually  called,  Colonel  Buckner, 
was  a  lawyer  of  very  considerable  ability,  and  enjoyed  for 
that  period  a  lucrative  practice  ;  but  his  fondness  for  polit- 
ical life  led  him  into  a  different  field,  so  that  it  is  impossible 
to  say  what  distinction  he  might  have  reached  in  his  profes- 
sion had  he  devoted  more  time  to  the  law,  and  less  to  poli- 
tics. In  him  were  combined  many  qualities  that  usually  con- 
tribute to  success  in  both ;  for  he  was  sociable,  genial,  and 
industrious,  and  as  a  speaker,  fluent,  argumentative,  and 
earnest.  Pleasant  in  his  address,  agreeable  and  interesting 
in  conversation,  he  impressed  favorably  all  with  whom  he 
came  in  contact.  He  was  not  in  the  United  States  Senate 
long  enough  to  obtain  much  reputation  as  a  statesman,  but 
he  seldom  failed  to  carry  any  reasonable  measure  in  which  his 
constituents  were  interested,  which  did  not  partake  of  a 
political  character. 


42  BENCH  AND  BAR   OF  MISSOCKI. 

It  is  much  to  be  regretted  that  so  httle  information  can  be 
obtained  regarding  the  early  Hfe  and  education  of  this  gen- 
tleman. In  fact,  there  is  but  little  known  of  him  outside  of 
his  public  life.  That  he  stood  high  in  the  estimation  of  the 
people  of  Missouri  is  well  attested  by  their  conferring  upon 
him  the  highest  office  within  their  gift. 


Russell  Hicks. 

This  gentleman,  who  for  many  years  filled  the  office  of 
circuit  judge  in  the  western  part  of  Missouri,  was  born  near 
the  close  of  the  last  centur}%  in  Worcester  County,  Massa- 
chusetts. When  not  exceeding  two  or  three  years  of  age 
his  parents  moved  into  the  western  part  of  New  York,  where 
young  Hicks  lived  till  he  reached  his  eighteenth  year.  He 
was,  in  the  broadest  sense  of  the  term,  a  self-made  man,  for 
his  education  was  only  such  as  he  could  obtain  from  the 
common  schools  of  that  day.  He  worked  during  the  summer 
to  procure  means  to  pay  his  way  in  the  winter,  for  his  father 
was  unable  to  render  him  any  assistance. 

As  soon  as  he  felt  able  he  commenced  teaching  a  small 
school,  and  by  teaching  and  working  alternately  he  was 
enabled  to  support  himself,  and  improve  his  mind  by  reading. 
He  became  what  might  be  termed  an  itinerant  teacher  ;  for 
he  traveled  through  many  states,  and  never  stopped  long  in 
any  one  place. 

His  first  appearance  west  of  the  Mississippi  was  at  St. 
Genevieve,  in  this  state,  where  he  took  a  contract  for  maul- 
ing rails  and  cutting  cord-wood.  He  next  made  his  appear- 
ance in  St.  Louis,  where  he  engaged  for  a  short  time  as  a 
common  laborer.  His  next  move  was  to  Saline  County, 
where  he  again  engaged  in  cutting  cord-wood.  It  was  about 
this  time  that  he  conceived  the  idea  of  studying  law.  He 
borrowed  law-books  wherever  he  could  obtain  them,  reading 
at  night,  and  mauling  rails  and  performing  other  manual 
labor  during  the  day.  As  soon  as  he  thought  himself  capable 
of  entering  upon  the  practice  he  applied  for  admission  to 
the  bar,  and,  with  his  sheep-skin  in  his  pocket,  traveled  on 
foot  to  Independence,  where  he  opened  a  law-office,  and 
procured  a  job  of  writing  in  the  office  of  the  clerk  of  the 
Circuit  Court.     In  due  time  he  was  appointed  treasurer  of 


44  BENCH  AND  BAK    OF  MISSOURI. 

Jackson  County,  which  office  he  held  many  years.  After 
the  judiciary  became  elective,  he  was  placed  on  the  circuit 
bench  to  fill  a  vacancy,  and  about  1856  was  elected  to  the 
same  office  by  the  people,  and  held  it  until  1859. 

Upon  the  breaking  out  of  the  rebellion  he  boldly  advo- 
cated secession,  and  made  himself  very  unpopular  with  the 
Union  party.  He  was  very  imprudent  and  indiscreet  in  his 
conversation  upon  the  subject,  and,  apprehending  an  arrest, 
went  to  St.  Louis,  where  he  attempted  to  establish  himself  in 
the  practice;  but  failing  in  this  he  took  up  his  residence  in 
Sedalia,  and  formed  a  partnership  with  Hon.  John  F.  Phillips 
and  Hon.  George  G.  Vest.  He  soon  after  moved  to  War- 
rensburg,  in  Johnson  County,  where  he  died  in  1875,  at  the 
age  of  seventy-five. 

It  will  be  thus  seen  that  his  life  was  one  of  constant  toil 
and  labor,  yet  by  diligent  study  he  made  himself  an  excel- 
lent jurist.  He  was  a  man  of  strong  native  intellect,  and 
only  wanted  education  and  refinement  to  give  him  an  ex- 
alted position  at  the  bar  or  on  the  bench.  W'e  have  heard 
persons,  who  were  competent  judges,  state  that  in  natural 
ability,  vigor  of  thought,  and  close,  logical  reasoning,  he  had 
no  equal  at  the  bar  of  western  Missouri.  While  he  resided 
in  St.  Louis  we  often  met  him  in  the  Law  Library,  where  he 
spent  most  of  his  time  reading.  He  always  appeared  to  us 
agreeable  and  entertaining,  but  he  had  the  reputation  of  be- 
ing cross  and  ill-grained.  He  was  certainly  unpopular  with 
the  lawyers  in  his  circuit,  though  they  respected  him  for  his 
legal  attainments.  He  enjoyed  the  reputation  of  being  a 
fine  stump-speaker,  and  it  is  said  could  always  draw  applause 
from  a  promiscuous  assembly. 

The  success  of  Judge  Hicks,  under  the  most  adverse  cir- 
cumstances, shows  what  assiduity  and  determination  will 
accomplish,  and  should  encourage  young  men  who  are  aim- 
ing at  professional  distinction. 

There  is  something  in  the  life  of  Judge  Hicks  that  reminds 
us  of  Justice  Catron,  late  of  the  Supreme  Court  of  the 
United  States ;  for  he  also  performed  manual  labor  to  enable 
him  to  obtain  the  rudiments  of  an  English  education,  and 


RUSSELL  HICKS.  45 

continued  to  do  so  long  after  he  entered  upon  the  prac- 
tice of  his  profession.  Indeed,  it  is  asserted  that  almost  up 
to  the  time  that  General  Jackson  gave  him  his  commission 
as  supreme  judge,  he  was  seen  at  almost  every  public  gath- 
ering in  his  neighborhood,  leading  a  stallion  about,  and  des- 
canting upon  his  fine  blood  and  pedigree. 

Judge  Hicks  was  a  very  large,  stout-built  man,  with  high 
cheek-bones  and  dark  complexion,  and  might  readily  have 
passed  for  a  half-breed  Indian. 

He  left  no  family. 


■  John  d.  Cook. 

Of  the  place  of  nativity  of  this  excellent  jurist  we  have  no 
information,  but  he  came  to  Missouri  during  the  territorial 
government,  and  settled  in  Cape  Girardeau  County,  where  he 
entered  upon  the  practice  of  the  law.  He  was  a  member  of 
the  Convention  which  framed  our  original  state  Constitution, 
and  we  are  indebted  to  him  for  some  of  its  best  provisions. 

Upon  the  admission  of  the  state  into  the  Union  he  was 
appointed  judge  of  the  Supreme  Court,  but  on  the  removal 
of  Judge  R.  S.  Thomas  from  the  Circuit  Court  by  the  Legis- 
lature, in  1834,  Judge  Cook  was  appointed  in  his  place  — 
preferring  that  to  the  supreme  bench  —  and  presided  over 
the  Tenth  Judicial  Circuit  for  many  years,  and  became  a 
distinguished  nisi-prius  judge.  He  was  a  thorough  lawyer, 
and  understood  the  common  law  as  well  as  any  divine  ever 
understood  the  Ten  Commandments  —  indeed,  it  was  a  com- 
mon saying  among  his  legal  associates  that  the  common  law 
was  born  in  him.  All  he  wanted  to  make  him  the  peer  of 
any  western  lawyer  was  industry  and  energy,  in  both  of 
which  he  was  greatly  wanting.  He  loved  his  ease  and  com- 
fort, and  cared  nothing  for  office  or  position,  though  his 
name  was  placed  in  nomination  in  the  first  State  Legislature 
for  United  States  senator  —  at  the  time  Benton  and  Barton 
were  elected.  He  was  not  versed  in  the  classics,  but  was  a 
fine  English  scholar,  and  well  posted  in  English  literature. 
Judge  Cook  was  addicted  to  no  bad  habits,  unless  laziness  is 
one.  He  had  fine  conversational  powers,  was  genial,  pleas- 
ant, and  full  of  anecdote,  and  could  entertain  one  by  the 
hour  in  the  recital  of  them. 

He  died  in  Cape  Girardeau  many  years  ago. 

Judge  Cook  was  an  extremely  ugly-looking  man,  and, 
what  is  strange,  seemed  to  regard  his  repulsive  looks  as  a 
fortunate   gift.     Upon   one   occasion  he  was   selected,  wath 


JOHN  D.   COOK.  47 

several  others,  to  represent  Cape  Girardeau  in  the  great 
Internal  Improvement  Convention  which  was  held  in  Chicago 
a  short  time  before  the  w^ar.  They  took  passage  on  a 
steamer  for  St.  Louis,  and  one  of  the  party  discovered 
a  gentleman  on  board  who  struck  him  as  being  an  uglier 
man  than  Cook.  This  gentleman  proved  to  be  Judge 
Wright,  a  distinguished  man  from  Ohio,  and  on  his  way  to 
the  same  Convention.  On  returning  to  his  party  the  gentle- 
man who  made  the  discovery  offered  to  bet  a  bottle  of  wine 
that  there  was  a  man  on  board  uglier  than  Judge  Cook.  A 
stranger  overhearing  the  conversation,  and  who  was  an 
acquaintance  of  Wright,  immediately  turned  his  e}'e  upon 
Cook,  and  said,  "  I  will  take  that  bet,"  and  it  was  agreed 
that  it  should  be  decided  by  a  disinterested  committee  of 
three.  It  was  then  proposed  to  bring  about  an  introduction 
between  the  two  judges,  and  when  it  took  place  each  fixed 
his  eye  most  intently  upon  the  other  for  several  seconds  w^ith- 
out  a  word  passing  between  them.  At  length  Judge  Cook 
broke  silence  by  saying,  "Judge  Wright,  before  I  left  home 
I  promised  that  if  during  my  absence  I  found  a  man  uglier 
than  myself,  I  would  immediately  return ;  and  now,  sir,  I 
shall  leave  the  boat  at  the  next  landing,  and  take  the  first 
one  on  the  downward  trip."  "  Stop,  my  dear  sir,"  said 
Judge  Wright,  "you  may  be  a  good  judge  of  law,  but  you 
are  an  exceedingly  poor  judge  of  beauty,  and  the  only  way  to 
settle  this  question  is  to  submit  it  to  a  disinterested  tribunal, 
and  I  propose  to  let  the  bar  decide  it ;  thereupon  they  all 
proceeded  to  the  bar,  and  over  several  bottles  of  champagne 
drank  to  each  other's  health  ;  and  it  was  lield,  without  a  dis- 
se7iting  opinion,  after  due  deliberation,  that  two  uglier  men 
were  never  born  of  woman,  and  that  they  should  be  adjudged 
to  pay  the  costs. 

Judge  Cook  was  a  man  of  large  heart  and  great  benevo- 
lence—  in  fact,  almost  prodigal  in  his  gifts  to  the  poor.  He 
w^as,  moreover,  a  warm  friend  to  the  younger  members  of  the 
profession,  ever  ready  to  assist  and  encourage  them.  To  an 
applicant  for  a  law  license  it  was  almost  impossible  for  him 
to  give  a  refusal.     A  young  cabinet-maker,  with  a  few  months' 


48  BENCH  AND   BAR    OF  MISSOURI. 

reading,  imagined  that  he  was  cut  out  for  a  lawyer,  and 
appHed  to  the  judge  for  a  hcense.  The  judge  appointed  a 
committee  of  the  bar  to  examine  him,  who  reported  him  dis- 
quahfied.  Thereupon  he  made  a  request  that  the  judge 
should  examine  him  in  person,  which  was  accordingly  done. 

"What  do  you  understand  law  to  be?" 

"  Law,  sir — law  —  yes,  sir — it  is  that  which  governs  the 
people,  and  out  of  which  lawyers  make  a  living." 

"  But  what  does  Blackstone  say  about  it?" 

"Ah  [pompously],  excuse  me,  judge,  I  have  not  yet  read 
the  learned  author." 

"  Well,  what  does  Kent  say  about  it?" 

"  Kent,  Kent  — well  really,  judge,  to  tell  you  the  truth,  I 
have  not  read  him  either ;  but  promise  myself  the  pleasure 
of  doing  so  at  an  early  day." 

A  few  other  questions  followed,  with  no  better  result,  when 
the  judge,  with  one  of  his  kindest  smiles,  said  :  "  Mr.  R.,  I 
will  take  pleasure  in  granting  you  a  license, /"^-r  /  t/iiiik  yoii 
can  do  as  little  harm  hi  the  pi'ofession  as  any  one  I knozuT 

Notwithstanding  Judge  Cook's  amiability,  he  could,  when 
the  occasion  called  for  it,  be  quite  sarcastic.  While  holding 
a  term  of  his  court  at  Bloomfield,  a  young  lawyer  who  had 
made  himself  very  conspicuous,  much  to  the  annoyance  of 
the  court,  rose  —  while  the  court  and  bar  were  awaiting  in 
silence  the  return  of  a  jury  —  and  inquired  in  a  pompous  w^ay, 
"  if  there  was  anything  before  the  court."  The  judge,  taking 
a  prolonged  and  significant  look  at  him,  replied,  "  Not  much, 
I  believe."     The  poor  fellow  felt  the  sting,  and  wilted  down. 

This  is  not  unlike  the  story  of  Curran,  who  was  once 
addressing  a  jury  when  the  judge,  who  was  thought  to  be 
antagonistic  to  his  client,  intimated  his  dissent  from  the  argu- 
ments advanced,  by  a  shake  of  his  head.  "  I  see,  gentle- 
men," said  Curran,  "  I  see  the  motion  of  his  lordship's  head. 
Persons  unacquainted  with  his  lordship  would  be  apt  to 
think  this  implied  a  difference  of  opinion ;  but  be  assured, 
gentlemen,  this  is  not  the  case.  When  you  know  his  lord- 
ship as  well  as  I  do,  it  will  be  unnecessary  to  tell  }'ou  that 
when  he  shakes  his  head,  there  really  is  nothing  in  it.'' 


JOHNSON    RANNEY 

Was  a  prominent  lawyer  in  Jackson,  Cape  Girardeau  County, 
Missouri,  having  practiced  in  the  south-eastern  part  of  the 
state  upwards  of  thirty  years. 

He  was  born  in  Litchfield  County,  Connecticut,  on  Decem- 
ber 19,  1789,  and  came  from  good  old  Revolutionary  stock, 
his  father  having  been  a  soldier  during  the  War  of  the  Revo- 
lution and  the  War  of  181 2,  and  during  the  latter  was  lieu- 
tenant-colonel of  the  Fourth  United  States  Infantry.  After 
the  close  of  the  war  he  settled  down  as  a  farmer  in  Connec- 
ticut, and  being  in  poor  circumstances,  was  unable  to  give 
his  sons  the  advantages  of  a  liberal  education.  Johnson,  at 
a  very  early  age,  expressed  a  strong  desire  to  acquire  a  good 
education,  and  entered  one  of  the  higher  academies,  render- 
ing personal  service  for  his  tuition.  When  old  enough  to 
take  charge  of  a  school  he  commenced  teaching,  and  directed 
all  his  spare  time  to  reading  and  prosecuting  his  own  studies. 
He  was  often  seen  at  night  pursuing  his  studies  by  no  other 
light  than  that  afforded  by  a  scanty  fire.  During  the  War  of 
1812  he  served  as  ensign  in  the  Fourth  United  States  In- 
fantry, and  through  life  manifested  a  strong  partiality  for  a 
military  life.  After  coming  to  Missouri  he  was  made  a  briga- 
dier-general of  militia. 

It  will  be  noticed  that  nearly  all  the  Cape  Girardeau  law- 
yers held  commissions  in  the  state  militia  —  most  of  them 
reaching  the  grade  of  brigadier-general.  There  were  Gen- 
eral Watkins,  General  English,  General  Jackson,  General 
Evans,  and  General  Ranney  ;  and  several  colonels  and  ma- 
jors. In  those  days  some  knowledge  of  military  tactics  was 
regarded  in  a  public  man  as  an  element  of  success,  more 
particularly  if  he  had  political  aspirations. 

The  state  militia  at  that  time  were  under  thorough  organi- 
zation, and  every  able-bodied  man  between  certain  ages  was 
compelled  to  muster  quite  frequently,  or  subject  himself  to 
4 


50  BENCH  AND  BAR   OF  MISSOURI. 

tlie  payment  of  a  fine.  The  practice  gradually  fell  into 
disrepute,  until  the  Legislature  was  forced  by  public  opinion 
to  so  amend  the  law  as  to  require  simply  an  enrollment.  We 
mustered  on  several  occasions,  but  failed  to  elicit  any  com- 
mendation from  the  officers  in  command,  nor  can  we  say 
that  our  militar)'  education  ever  conferred  much  glory  upon 
the  state ;  for  the  highest  grade  we  reached  was  that  of  fourth 
corporal.  While  teaching,  General  Ranney  devoted  a  por- 
tion of  his  time  to  the  study  of  the  law.  He  could  not  have 
been  licensed  in  Connecticut,  for  as  early  as  1814  he  came 
West  and  located  at  Indianapolis,  Indiana,  and  practiced 
there  a  short  time.  He  then  came  to  Missouri,  and  opened  a 
law-office  in  Jackson,  Cape  Girardeau  County.  Here  he 
encountered  a  difficulty  which  he  had  not  anticipated.  The 
inhabitants  of  Cape  Girardeau  were  mostly  from  Virginia, 
Kentucky,  and  Tennessee,  and  were  strongly  prejudiced 
against  the  Yankees.  Wooden  nutmegs  had  become  an 
article  of  commerce,  and  were  just  beginning  to  find  their 
way  into  the  western  settlements.  Many  of  the  people  of 
Jackson  determined  that  Mr.  Ranney  should  leave,  and 
sought  every  opportunity  to  involve  him  in  personal  rencoun- 
ters. In  some  of  these  fights  he  was  badly  used  up,  while 
in  others  he  came  off  victorious,  and  showed  so  much  pluck 
that  he  acquired  the  ai^pellation  of  the  "  Brave  Yankee." 
From  this  time  he  rose  rapidly  in  his  profession,  and  soon 
obtained  the  confidence  and  good-will  of  the  people.  He 
practiced  in  the  counties  of  Cape  Girardeau,  St.  Genevieve, 
Perry,  Washington,  Madison,  Wa}me,  Scott,  and  New 
Madrid;  and  sometimes  attended  the  court  at  Davidsonville, 
in  Arkansas.  As  was  the  invariable  practice  in  those  days, 
the  lawyers  traveled  from  court  to  court  on  horseback,  which 
led  to  those  social  and  genial  habits  for  which  the  western 
lawyer  13  particularly  noted.  He  represented  his  county 
once  in  the  Legislature,  which  convened  at  St.  Charles,  but 
with  that  exception  we  are  not  aware  of  his  holding  any  civil 
office.  He  was  too  much  devoted  to  his  profession  to  let  his 
name  be  used  for  office,  though  he  was  well  versed  in  the 
political  history  of  his  country,  and  was  fond  of  listening  to 
the  political  contests  on  the  hustings. 


JOHNSON  RANNEY.  5  I 

General  Ranne\'  was  a  strong,  well-read,  reliable,  and  suc- 
cessful lawyer.  He  was  not  a  pleasant  speaker,  though  in 
the  argument  of  a  question  of  law  was  clear,  concise,  and 
logical,  and  alwa\-s  commanded  the  close  attention  of  the 
court.  Before  a  jur}'  he  was  not  impressive,  but  his  high 
character  for  integrit}-,  and  the  confidence  reposed  in  him, 
gave  him  an  influence  which  w  as  alwa\'s  felt  in  the  jury-box. 
He  ^\'as  not  a  man  given  to  convivialit)',  hence  there  are 
no  anecdotes  that  attach  to  him.  He  was  slovenh-  in  his 
dress,  and  often  wore  a  large  overcoat  in  the  hottest  period 
of  the  summer.  Upon  one  occasion  he  appeared  in  the  Su- 
preme Court  to  argue  a  case  of  importance,  when  he  was 
reproved  by  one  of  the  judges  for  the  negligence  of  his 
toilet.  The  next  morning  he  again  appeared,  but  this  time 
in  the  garb  of  a  dandy  —  so  completely  metamorphosed  that 
his  own  dog  would  not  have  known  him.  When  he  rose  to 
resume  his  argument,  he  commenced  by  sa}'ing,  in  a  serious 
and  grave  manner  :  "  May  it  please  the  court,  before  proceed- 
ing further  in  the  argument,  I  should  like  to  know  if  the  fas- 
tidious taste  of  the  court  interposes  any  obstacle  to  my 
recognition." 

General  Ranney  was  licensed  by  Judge  Silas  Bent,  on 
December  4,  181 5,  and,  to  give  the  reader  a  knowledge  of 
the  form  of  an  attorney's  license  under  the  territorial  gov- 
ernment, we  here  furnish  a  cop}^ : 

"By  the  Honorable  Silas  Bent,  Esquire,  one  of  the  Judges  of  the 

Supreme  Court  of  Missouri  Territory. 
"  To  all  to  li'hoiu  these  presents  shall  come,  greeting : 

"  Know  ye,  that  Johnson  Ranney,  gentleman,  having  compHed  with  the  requi- 
sitions of  the  existing  laws  of  this  territory,  in  such  case  made  and  provided, 
and  having  been  by  me  examined  and  found  well  qualified,  I  do  by  these  pres- 
ents authorize  and  license  him  to  appear  and  practice  as  an  attorney  and  coun- 
selor at  law  in  any  court  of  record  in  this  territory,  according  to  the  rules  and 
customs  of  said  courts,  and  the  laws  of  the  territory  aforesaid. 

"Given  under  my  hand  and  seal  this  fourteenth  day  of  December,  in  the  year 

of  our  Lord  eighteen  hundred  and  fifteen. 

"Silas  Bent.     ^SeaLY' 

General  Ranney  died  on  his  farm  near  Jackson,  in  Au- 
gust, 1848,  in  his  fifty-ninth  }'ear.  He  was  twice  married, 
and  left  a  large  family  in  independent  circumstances. 


John  B.  C.  Lucas. 

This  gentleman  was  one  of  the  most  remarkable  men  who 
ever  settled  west  of  the  Mississippi  River.  He  came  to 
Missouri  at  a  very  early  time,  and  soon  acquired  consider- 
able prominence  as  a  jurist. 

He  was  born  in  Normand}-,  France,  in  1762;  graduated  at 
Caen,  in  1782,  as  Doctor  of  the  Civil  and  Common  Laws; 
practiced  almost  two  years  in  his  native  place,  and  then  emi- 
grated to  the  United  States,  first  settling  on  a  small  farm  in 
the  vicinity  of  Pittsburg,  Pennsylvania.  It  is  said  that  at 
this  time  he  seriously  contemplated  abandoning  his  profes- 
sion for  the  purpose  of  engaging  in  agricultural  pursuits, 
suggested,  no  doubt,  b)- a  want  of  knowledge  of  the  English 
language  ;  but  he  must  have  soon  changed  his  mind,  for  he 
applied  himself  very  closely  to  the  study  of  it,  and  in  1792 
was  elected  to  the  Legislature.  He  also  served  for  a  time 
as  judge  of  the  Court  of  Common  Pleas  in  his  district;  was 
sent  to  Congress  from  Pennsylvania  in  1803,  and  in  1805 
Mr.  Jefferson  appointed  him  judge  of  the  United  States 
Court  in  Upper  Louisiana. 

He  then  took  up  his  residence  in  St.  Louis,  where  he  re- 
mained till  his  death,  which  took  place  in  1842,  at  the  age 
of  eighty  years. 

Judge  Lucas  also  filled  the  office  of  commissioner  of  land 
titles,  and  this,  no  doubt,  directed  his  attention  to  the  acqui- 
sition of  real  estate.  When  he  came  to  Missouri,  St.  Louis 
Avas  a  small  French  village,  but  he  foresaw  in  the  future  a 
large  commercial  city,  and  possessed  himself  of  all  the  soil 
he  could  obtain  in  and  around  it,  which  enabled  him  to  leave 
a  large  estate,  which,  at  this  day,  with  the  improvements, 
must  exceed  in  value  ;^  1 5 ,000,000 ;  but  it  is  said  that  his  net 
income  at  the  time  of  his  death  was  not  over  ^2,000.  As  he 
scarcely  ever  improved  his  property,  and  expended  large 
amounts  in  taxes,  this  is  probably  true.     Tiie  ground  from 


JOHN  B.   C.  LUCAS.  53 

Fourth  Street  running  west,  and  embracing  Market,  Chestnut, 
Pine,  and  OHve  Streets,  fell  by  gift  and  inheritance  to  his 
two  surviving  children,  James  H.  Lucas  and  Mrs.  Ann  Hunt. 

We  well  recollect  the  old  stone  house  on  the  corner  of 
Seventh  and  Market,  which  was  his  residence  many  years, 
and  where  he  died.  It  is  the  lot  on  which  now  stands  the 
Masonic  Institution.  He  had  a  residence,  also,  in  the  neigh- 
borhood of  Thirteenth  and  Olive,  now  enclosed  as  a  public 
park.  It  was  then  in  the  woods,  and  so  far  from  the  village 
that  the  people  predicted  that  in  three  months  the  Indians 
would  have  his  scalp. 

It  is  evident  from  what  has  already  been  stated  that  Judge 
Lucas,  in  addition  to  a  thorough  and  classical  education,  was 
a  man  of  extensive  learning  and  acquirements.  His  appoint- 
ment, by  Mr.  Jefferson,  to  a  Federal  judgeship,  shows  that  he 
must  have  been  regarded  as  a  sound  lawyer;  for  in  those 
days  men  were  selected  for  such  positions  on  account  of  their 
fitness  and  qualification.  He  was  also  at  one  time  acting 
governor  of  the  territory,  and  at  the  first  State  Legislature 
was  a  candidate  for  the  United  States  Senate. 

Our  recollection  of  Judge  Lucas  is  that  he  was  rather 
small  in  stature,  with  dark  complexion,  and  large  and  promi- 
nent features,  and  not  much  unlike  his  son,  the  late  James 
H.  Lucas. 

We  never  learned  that  any  fault  was  found  with  his  admin- 
istration of  the  laws  —  certainly  no  objection  was  made 
involving  his  capacity,  for  he  understood  the  old  Spanish  and 
French  titles  as  well  as  any  man  in  the  territory.  That  he 
was  eccentric  and  irritable,  and  sometimes  exhibited  those 
defects  on  the  bench,  is  unquestionable. 

Upon  one  occasion  a  pompous  and  self-conceited  young 
lawyer  made  a  spread-eagle  speech  to  a  jury  in  his  court, 
which  annoyed  him  exceedingly,  and  the  next  day  young 
Blackstone  met  the  judge  on  the  street  and  accosted  him 
thus:  "Good-morning,  Judge  Lucas;  good-morning,  sir. 
What  did  you  think  of  my  little  effort  yesterday?"  "  Ah," 
said  the  judge,  "you  are  the  young  gentleman  who  addressed 
a   jury    in    my   court.     Yes  —  yes.     Well,   sir,   3^our   speech 


54  BENCH  AND  BAR   OF  MISSOURI. 

reniindcd  nie  t)f  a  little  yellow  dog  I  have  at  home  ;  when  he 
wants  to  lie  down,  he  starts  and  makes  a  circle,  and  round 
and  round  he  goes,  half-a-dozen  times  or  more,  and  then  lies 
down  at  the  very  place  lie  started  froniy  The  judge  turned 
on  his  heel  and  started  off,  leaving  the  j-outhful  Demosthenes 
to  make  the  application. 

In  selecting  delegates  to  a  convention  to  frame  our  Con- 
stitution, preparatory  to  applying  for  admission  into  the 
Union,  Judge  Lucas  was  placed  on  the  anti-slavery  ticket, 
and  defeated.  The  object  was  to  test  the  sense  of  the  people 
on  that  subject,  and  the  result  indicated  no  want  of  popularity 
on  the  part  of  the  judge. 

Towards  the  close  of  his  life  Judge  Lucas  became  melan- 
choly and  dejected  —  the  result  of  domestic  afflictions,  for  six 
of  his  sons  met  death  by  violence. 


ALEXANDER    GRAY. 

During  the  War  of  1812  a  large  number  of  young  lawyers 
in  every  part  of  the  country  joined  the  army;  some  as  pri- 
vates and  some  holding  subordinate  positions.  Among  them 
was  Alexander  Gray,  who  reached  the  grade  of  captain. 
Where  he  was  born,  and  where  educated,  is  not  known  to  us, 
nor  have  we  been  able  to  find  any  record  that  would  show 
it.  About  the  close  of  the  war  he  came  to  Cape  Girardeau, 
Missouri,  and  from  there  to  St.  Louis,  quite  a  young  man, 
and  entered  upon  the  practice  of  the  law,  and  became  judge 
of  the  Circuit  Court,  and  afterwards  judge  of  what  was  then 
called  the  Northern  Circuit,  comprised  of  the  counties  of 
St.  Charles,  Montgomery,  and  probably  Howard  —  for  there 
were  then  but  few  counties  in  the  state,  and  none  west  of 
Howard. 

He  was  a  man  of  fine  attainments,  vain  of  his  personal 
appearance,  and  on  the  bench  presided  with  much  dignity. 
Before  taking  a  seat  on  the  bench  he  had  acquired  consider- 
able reputation  as  a  lawyer,  particularly  a  criminal  lawyer.  In 
the  case  of  the  government  against  Gentery,  who  was  indicted 
for  the  murder  of  Carroll,  a  descendant  of  Charles  Carroll  of 
Carrollton,  and  register  of  the  land-office  at  old  Franklin,  he 
was  retained  on  the  part  of  the  defense,  and  made  a  speech 
which  attracted  the  attention  of  the  bar  throughout  the  terri- 
tory, and  gave  him  a  high  reputation  as  an  advocate.  He, 
however,  became  intemperate  and  dissolute  in  his  habits, 
which  caused  his  death  sometime  in  1826. 

By  reference  to  the  journal  of  the  General  Assembly  of 
Missouri  Territory  which  held  its  session  in  1820,  in  the  old 
Missouri  Hotel,  on  Main  Street  in  St.  Louis,  it  will  be  seen 
that  Judge  Gray  administered  the  oath  of  office  to  the  mem- 
bers. 

He   never  married,  and   consequently  left  no   descendants 


56  BENCH  AND  BAR    OF  MISSOl'RI. 

to  impart  any  information  respecting  his  early  life.  He  must 
have  received,  however,  quite  a  Hberal  education  ;  for  he  was 
a  fine  writer,  and  exhibited  no  httlc  famiharity  with  the 
classics  —  often  quoting  from  Latin  and  Greek  authors. 


Peyton  R.  Hayden. 

This  gentleman,  whose  residence  was  in  Boonville,  Cooper 
County,  was  one  of  the  most  eminent  lawyers  in  the  state. 
We  made  his  acquaintance  as  early  as  1840,  and  always 
entertained  a  very  high  opinion  of  his  legal  attainments. 
His  reputation  as  a  lawyer  was  co-extensive  with  the  state, 
and  his  practice  was  equal  to,  if  not  greater  than,  that  of  any 
other  lawyer  in  central  Missouri. 

He  was  a  native  of  Kentucky,  and  born  near  Paris,  Bour- 
bon County,  February  8,  1796.  He  received  an  ordinary 
English  education,  such  onl}'  as  could  be  obtained  from  the 
old-field  schools  of  that  state. 

Having  fixed  upon  the  law  as  his  profession,  he  entered, 
in  181 1,  the  office  of  Judge  Benjamin  Mills,  a  prominent 
lawyer  of  that  part  of  the  state,  and  pursued  his  studies  with 
great  diligence  until  the  fall  of  18 17,  when  he  came  to  Mis- 
souri, first  settling  in  Cape  Girardeau  County,  but  in  the 
following  spring  removed  to  old  Franklin,  in  Howard 
County,  and  taught  school  in  the  neighborhood  during  the 
entire  }'ear  of  18 18.  Kit  Carson,  the  celebrated  mountain- 
guide  and  explorer,  was  one  of  his  pupils.  While  teaching 
he  devoted  his  leisure  time  to  his  legal  studies. 

In  the  spring  of  18 19  he  made  a  trip  to  St.  Louis  on  horse- 
back, procured  from  the  Supreme  Court  a  license  to  prac- 
tice, and  on  his  return  remained  overnight  at  a  small  log 
tavern  in  St.  Charles,  and  there  met  for  the  first  time  Abiel 
Leonard.  [The  reader  is  referred  to  our  sketch  of  Mr. 
Leonard  for  a  very  amusing  account  of  this  meeting,  and 
what  transpired  between  them  on  their  way  to  old  Franklin.] 
The  town  of  Franklin  at  that  time  had  a  population  of  nearly 
2,000,  and  prospectively  was  considered  the  most  desirable 
place  in  the  territory  for  a  good  lawyer,  St.  Louis  not 
excepted.      In    18 19   Mr.  Hayden  married  a  sister  of  Judge 


5 8  BENCH  AND  BAR   OF  MISSOURI. 

Wash.  Adams,    and   immediately  located    in   tlic    village   of 
Boonville,  which  continued  to  be  his  residence  through  life. 

Cooper  County  was  originally  a  part  of  Howard,  and  con- 
tinued so  until  December,  1818,  when  it  was  organized  as  a 
separate  county,  and  Boonville  became  the  county-seat.  The 
first  Circuit  Court  was  held  at  the  house  of  William  Bartlett, 
but  the  next  year  a  court-house  was  erected.  The  new 
county  embraced  a  very  large  territor}',  extending  from  the 
Osage  River  on  the  east  and  south  to  the  territorial  line  on 
the  west,  and  contained  a  population  of  about  7,000.  Over 
this  extensive  country  the  lawyers  traveled  on  horseback, 
and,  as  the  people  were  poor,  the  fees  of  the  attorneys  were 
necessarily  small,  and  most  of  them  paid  in  what  was  called 
in  those  days,  "  truck  and  turn-over."  An  old  horse,  blind  in 
one  eye  and  with  little  capacity  to  see  out  of  the  other,  was 
considered  a  good  fee.  The  lawyers  who  at  that  time  reg- 
ularly attended  the  Cooper  court  were  George  Tompkins, 
Hamilton  R.  Gamble,  Peyton  R.  Hayden,  John  S.  Bricky, 
Cyrus  Edward,  Andrew  McGirk,  Abiel  Leonard,  John  F. 
Ryland,  Dabney  Carr,  William  J.  Redd,  John  Payne,  Duff 
Green,  Charles  French,  and  one  or  two  others.  Duff  Green, 
who  became  distinguished  as  a  political  writer  and  editor  at 
Washington  City,  left  at  an  early  day,  and  turned  over  his 
business  to  Mr.  Hayden.  Most  of  the  above-named  became 
distinguished  in  their  profession,  and  six  of  them  afterwards 
sat  on  the  bench  of  the  Supreme  Court. 

David  Todd  was  judge  of  the  Circuit  Court.  Mr.  Hayden 
and  Abiel  Leonard  took  the  lead  at  the  bar,  and  were  on 
opposite  sides  in  almost  every  important  case  ;  and  be  it  said 
to  their  credit  that  the  utmost  courtesy  was  observed  be- 
tween them,  and  they  continued  warm   friends  through   life. 

In  his  manner  Mr.  Hayden  was  rather  dignified,  but  always 
kind,  affable,  and  courteous  in  his  intercourse  with  others 
—  particularly  with  his  brethern  of  the  bar.  In  his  move- 
ments he  was  graceful,  eas}',  and  polite,  and  if  he  met  you  a 
dozen  times  a  day,  would  each  time  greet  you  with  a  bow 
and  a  smile.  He  was  very  fond  of  the  society  of  ladies,  and 
in  their  company  was  extremely  graceful  and  entertaining. 


PEYTON  R.  HAY  DEN.  59 

He  was  also  full  of  life  and  animation,  had  a  ""ood  fund  of 
humor,  fond  of  anecdotes,  and  told  them  admirably.  He 
was  often  the  subject  of  them  himself,  and  while  many  were 
unquestionably  true,  others  were  manufactured  out  of  whole 
cloth  ;  but  below  we  give  a  few  that  are  very  well  authenti- 
cated. He  indulged  largely  in  profane  language,  but  his 
profanity  was  not  Gi  that  kind  which  shocks  one's  sensibility, 
for  it  never  proceeded  from  anger  or  depravity  of  heart;  for 
no  man  ever  lived  with  better  or  kinder  impulses,  or  with  a 
more  enlarged  reverence  for  good  morals  and  Christian  vir- 
tues. His  habits,  moreover,  were  moral,  studious,  and  in  all 
respects  unexceptionable. 

We  have  already  stated  that  as  a  lawyer  he  ranked  among 
the  ablest  of  the  state,  and  always  enjo}'ed  a  most  extensive 
practice,  and  had  he  been  a  financier,  would  have  accumu- 
lated a  large  fortune  ;  but  he  charged  small  fees,  and  fre- 
quently failed  to  collect  them.  He  seemed  to  have  but  little 
knowledge  of  the  value  of  money,  and  was  often  imposed 
upon  by  appeals  for  charity.  He  was  a  strong,  vigorous,  and 
argumentative  speaker,  never  indulging  in  flights  of  oratory, 
but  seldom  failed  to  make  a  favorable  impression  on  the 
minds  of  a  jury.  He  prepared  his  cases  with  great  care; 
was  very  methodical,  and  carried  with  him  around  the  circuit 
a  book  which  he  called  "  Hayden's  Digest."  It  contained 
a  synopsis  of  each  case  in  which  he  was  retained,  with  the 
authorities  upon  which  he  relied.  He  had  it  in  court  with 
him  on  all  occasions.  He  never  prepared  his  speeches  in 
advance,  and,  hence,  all  his  efforts  were  extempore ;  but  he 
was  fluent,  and  good  at  repartee.  The  younger  members 
of  the  bar  were  greatly  attached  to  him,  for  he  was  kind 
and  indulgent  to  them,  and  ever  ready  to  assist  them  with 
his  advice  and  counsel. 

Mr.  Hayden  died  in  Boonville  on  December  26,  1855,  in 
his  sixtieth  year. 

The  following  anecdote  of  Mr.  Havden  was  related  to  us 
by  himself,  though  we  have  often  heard  it  from  others  :  The 
judges  and  lawyers,  in  going  from  one  court  to  another, 
traveled  together  on  horseback,  the  distance  between  courts 


6o  BENCH  AND  BAR   OF  MISSOURI. 

being  from  fifty  to  lOO  miles;  and,  in  order  to  make  the  trip 
as  little  irksome  as  possible,  all  kinds  of  tricks  and  practical 
jokes  were  practiced  upon  each  other  by  common  consent, 
and  he  who  complained  was  heavily  fined  in  wines,  liquors, 
and  cigars — the  payment  of  which  was  strictly  enforced. 
On  one  of  their  trips  to  Liberty  they  stopped  over  night  at 
their  accustomed  place,  kept  by  a  buxom  widow,  who  well 
knew  the  time  when  to  expect  the  judge  and  the  attorneys, 
and  was,  consequently,  prepared  to  receive  them.  Her  first 
consideration  was  for  Judge  Todd,  whose  soft  voice  and 
affable  and  winning  manners  had  won  her  esteem  ;  and  she 
invariably  vacated  her  room,  the  best  in  the  house,  for  his 
use.  The  attorneys  determined  to  rob  the  judge  of  his 
comfortable  quarters,  which  was  no  easy  task.  The  widow 
was  a  high-toned,  virtuous  woman,  and  above  all  things 
abhorred  incontinence  in  either  man  or  woman.  To  carry 
out  their  object,  they  hit  upon  the  following  plan  :  They 
must  attack  the  chastity  of  the  judge,  and  circumstances, 
person,  etc.,  were  opportune.  It  was  Mr.  Hayden's  first 
visit  in  that  part  of  the  circuit,  and,  hence,  the  widow  was 
unacquainted  with  him.  In  some  respects  Mr.  Hayden  was 
a  fair  representative  of  a  female,  for  his  face  was  full,  round, 
and  smooth,  and  almost  destitute  of  beard,  and  his  com- 
plexion very  florid.  He  had  long,  fine,  auburn  hair,  which 
he  took  great  care  of.  It  was  nicely  combed,  coiled,  and 
secured  to  the  back  of  his  head  with  a  tucking-comb.  He 
and  the  judge  were  riding  together  in  the  rear,  at  a  moderate 
pace,  while  the  conspirators.  Gamble,  French,  Ryland,  and 
others,  hastened  on  and  reached  the  widow's  first.  After 
paying  the  usual  compliments,  she  inquired  after  the  judge. 
Now  was  the  time  for  action.  In  reply  they  gently  and 
darkly  hinted  that  the  judge,  since  she  last  saw  him,  had 
lost  caste  among  the  bar  and  the  people,  by  the  disgraceful 
manner  in  which  he  had  treated  his  wife. 

The  widow  was  thunderstruck  at  the  information,  and 
insisted  upon  hearing  all  the  particulars.  They  hesitated, 
and  her  anxiety  increased,  when  finally,  and  regretfully,  they 
told  her  that  the  judge  had  been  for  some  time  keeping  com- 


PEYTON  R.  HAY  DEN.  6 1 

pany  with  a  bad  woman  disguised  in  men's  clothes  ;  that  he 
had  carried  her  with  him  around  the  other  portion  of  the  cir- 
cuit; and  that  she  was  now  with  him,  and  they  would  be 
along  presently.  She  exclaimed  with  horror,  and  raised 
hands — ''  Did  you  ever.'  They  sha'n't  put  up  here!  I'll 
drive  him  and  his  nasty  hussy  away.  To  ihi/ik  that  I  have 
put  myself  to  so  much  trouble  —  vacated  my  comfortable 
room  for  him  —  Jic  needn't  think  it!  He  sha'n't  disgrace  me 
and  m}'  house."  She  was  terribly  out  of  temper,  and  just 
then  the  judge  and  Mr.  Hayden  made  their  appearance. 
She  turned  on  the  judge,  and  in  her  excitement  gave  him  a 
terrible  tongue-scourging;  and  pointing  with  the  finger  of 
scorn  at  Mr.  Hayden,  her  tongue  fastened  in  the  middle  and 
loose  at  both  ends,  she  let  him  have  it  hot  and  Jieavy  : 
"  You  vile  wretch  !  You  nast}',  stinking  hussy  !  Dressed  in 
men's  clothes,  and  running  around  the  country  with  judges 
and  laivyers.  You  are  a  slianie  and  a  disgrace  to  your  sex. 
Leave  here,  both  of  you  !  You  sha'n't  pollute  my  house  with 
your  presence."  All  this  took  place  sooner  than  it  can  be 
told,  and,  notwithstanding  the  attempted  explanation  of  the 
judge  and  his  companion,  the  widow's  wrath  was  undimin- 
ished, and  the  disgraced  judge  and  his  paramour  had  to 
remount  their  horses  and  ride  ten  miles  further  to  procure  a 
night's  lodging. 

We  have  spoken  of  Mr.  Hayden's  harmless  profanity,  and 
the  following  anecdote  is  very  characteristic  :  They  were 
holding  court  in  Boonville,  and  occupying  the  Methodist 
church  until  they  finished  a  new  court-house  then  in  the 
course  of  erection.  A  Methodist  preacher  by  the  name  of 
Smith  had  made  an  appointment  to  preach  one  night,  and 
seeing  a  light  in  the  church  after  the  usual  hour  of  holding 
court,  went  in  to  ascertain  if  he  could  occupy  the  premises. 
A  lawyer  was  addressing  the  jury,  and  Mr.  Hayden  was  tak- 
ing notes  with  the  intention  of  replying.  Brother  Smith 
knew  him  very  well,  and  took  a  seat  beside  him,  and,  cast- 
ing his  eye  upon  the  notes,  discovered  the  following:  "By 
God!  he  has  traveled  out  of  the  record.  By  God!  I  will 
travel   out  of  the   record   also."     Smith    looked  at   Hayden 


62  BENCH  AND   BAR    OF  MlSSOriU. 

with  astonishment,  and  said,  "  Wliy,  brother  Hayden,  do  you 
indulge  in  profane  language  in  court?  "  1  Ia}-dcn  immediately 
replied,  "Who  said  I  ever  did  ?  If,  brollicr  Smith,  \'ou  hear 
ail}'  person  sa)-  that  I  indulge  in  profane  language,  you  are 
authorized  to  say  for  me  that  he  is  a  d — d  liar." 

Mr.  Hayden  was  as  unconscious  of  having  violated  the 
dix'ine  law  as  the  parson  Confederate  general,  Bishop  Polk, 
was  when  he  made  his  famous  prayer  in  the  rifle-pits  on  the 
Mississippi  River.  As  the  Federal  gun-boats,  under  com- 
mand of  Commodore  Foote,  were  on  their  way  down  the 
river,  they  had  to  encounter  several  Confederate  batteries, 
and  it  became  evident  to  the  Confederates  that  if  they  suc- 
ceeded in  passing  a  certain  bend  in  the  river,  that  no  earthly 
power  could  prevent  them  from  going  below.  The  bishop 
and  his  forces  were  stationed  in  rifle-pits,  and  as  the  shells 
of  the  enemy  came  roaring  and  buzzing  through  the  air  and 
over  their  heacis,  the  good  bishop  fell  upon  his  knees  and 
offered  a  most  fervent  prayer  to  the  throne  of  grace.  He 
invoked  the  vengeance  of  the  Almighty,  and  prayed  that  the 
thunderbolts  of  His  wrath  might  fall  upon  the  Yankee  craft, 
and  sink  them  to  the  lowest  depths  of  the  great  Father  of 
Waters  ;  and  as  he  rose  from  his  knees  he  saw  one  of  the 
boats  poking  her  nose  around  the  bend,  and  instantly  ex- 
claimed at  the  top  of  his  voice,  "  There,  by  God,  they  come 
noiv  ! 

Another  anecdote  of  Mr.  Hayden  is  reliable.  He  was  once 
employed  to  defend  a  fellow  who  was  indicted  in  the  Cooper 
Circuit  Court  for  horse-stealing.  The  evidence  was  circum- 
stantial, but  very  strong,  and  through  the  exertion  and  inge- 
nuit}'  of  I\Ir.  Hayden  he  escaped  conviction.  As  they  left 
the  court-house,  Hayden  took  him  one  side  and  told  him  that 
he  had  better  leave  at  once,  as  the  people  were  satisfied  of 
his  guilt,  and  Judge  Lynch  might  take  the  case  under  his 
jurisdiction.  "Why,"  said  the  fellow,  "Mr.  Hayden,  how 
can  I  get  away  ?  I  have  no  money,  am  too  lame  to  walk,  and 
am  without  a  horse."  "Oh,"  said  Hayden,  in  a  jocular  way, 
"  you  have  stolen  one  horse,  and  I  don't  think  it  will  disturb 
your  conscience  much  to  steal  another."    The  ungrateful  fel- 


PEYTOX  R.  HA  YD  EN.  63 

low  took  the  hint,  and  that  night  broke  into  Hayden's  stable 
and  stole  his  best  horse.  Hayden  went  in  pursuit,  and  over- 
took him  on  the  Osage  River,  about  sixty  or  sevent\-  miles 
from  Boonville,  brought  him  back,  and  —  the  court  being  still 
in  session  —  had  him  indicted,  convicted,  and  sent  to  the  pen- 
itentiarv,  where  he  served  out  a  full  term. 

Mr.  Ha}'den  often  cautioned  his  friends  against  trading 
with  a  preacher,  "  for,"  said  he,  "  he  will  cheat  you  in  spite 
of  everything."  The  admonition  was  suggested  by  a  trade 
he  once  made  with  a  Baptist  minister  by  the  name  of  Jones. 
Hayden  owned  a  stud-horse  which  he  professed  to  value 
very  highly,  but  nevertheless  was  anxious  to  get  rid  of  him, 
as  he  was  worthless.  Jones,  who  lived  in  an  adjoining 
county,  had  some  business  with  Mr.  Hayden,  and  in  the  course 
of  conversation  the  preacher  remarked  that  it  was  his  inten- 
tion to  remove  to  another  county  and  engage  in  stock- 
raising,  and  would  do  so  as  soon  as  he  could  sell  or  trade 
off  the  little  farm  on  which  he  lived.  "  Wh}%"  said  Mr.  Hay- 
den, "  possibly  you  and  I  can  make  a  trade.  I  have  a  stud- 
horse, and  if  you  will  take  him  in  part  pa}%  we  can  trade 
without  any  doubt."  "  Well,"  said  Jones,  "  I  am  wanting  a 
stallion,  and  would  as  lief  have  him  as  money.  What  do 
you  value  him  at,  Mr.  Hayden."  "  Five  hundred  dollars," 
was  the  reply.  "  What  do  you  ask  for  your  farm,"  said 
Hayden.  "  One  thousand  dollars,"  was  the  reply.  The 
trade  was  closed,  and  Hayden  handed  over  to  the  preacher 
his  horse  and  $500  in  cash,  and  received  a  deed  for  the 
land.  A  year  afterwards,  Hayden  went  to  see  his  farm,  and 
learned  to  his  astonishment  that  it  was  not  worth  §200. 
"Why,"  said  he,  "  notliing  will  grow  on  the  d — d  place  but 
jimson-weeds  and  cockle-burrs. 

The  following  anecdote  exhibits  Mr.  Hayden  in  the  role 
of  a  wit,  and  it  is  said  that  in  repartee  he  was  often  very 
happy  and  pungent :  Upon  one  occasion,  while  arguing  a  case 
in  the  Supreme  Court,  Judge  Tompkins  interrupted  him  by 
saying,  "  Why  is  it,  Mr.  Hayden,  that  you  spend  so  much  time 
in  urging  the  weak  points  of  your  case,  to  the  exclusion  of  the 
more  important  ones?  "      "  Because,"  replied  Mr.  Hayden,  "  I 


64  BENCH  AND  BAR    OF  MISSOURI. 

find  in  my  long  practice  in  this  court  that  the  weak  points 
win  fully  as  often  as  the  strong  ones." 

Mr.  Hayden  seldom  read  anything  outside  of  his  profes- 
sion —  not  even  a  newspaper,  and  his  imperfect  knowledge  of 
history  and  geography  often  gave  rise  to  amusing  mistakes. 
He  and  Abiel  Leonard  were  once  engaged  on  the  same  side 
in  the  trial  of  an  important  divorce  case,  in  which  a  wit- 
ness who  was  a  foreigner  was  introduced  by  the  opposing 
counsel.  Mr.  Hayden  was  put  forward  to  conduct  the  cross- 
examination,  and,  knowing  the  strong  feeling  which  existed 
in  the  community  against  foreigners,  inteirogated  him  as  fol- 
lows:  "State,  if  you  please,  sir,  to  what  nationality  you 
belong."  "I  am  a  Dane,  sir."  "You  are  a  Dane,  are  you. 
Now,  will  you  be  so  kind  as  to  tell  us  when  you  left  Dajw  /" 
"  I  never  left  Dcdic,  sir;   I  left  Denmark. 

A  loud  laugh  followed  this  reply,  at  the  expense  of  Mr. 
Hayden,  when  Mr.  Leonard,  whispering  into  his  ear,  said, 
"Let  him  go,  d — n  him  ;  he  will  kill  our  case." 


ALBERT    G.   HARRISON. 

In  1838  we  made  the  acquaintance  of  this  gentleman,  who 
was  then  a  member  of  Congress  from  Missouri,  and  a  col- 
league of  Governor  John  Miller.  The  state  at  that  time  was 
only  entitled  to  two  members,  and  they  were  elected  under 
the  general-ticket  system. 

Mr.  Harrison  was  born  in  INIount  Sterling,  Kentucky,  on 
June  26,  1800.  At  the  age  of  eighteen  he  entered  the  junior 
class  of  the  Academical  Department  of  Transylvania  Univer- 
sity, and  in  1820  took  the  degree  of  Bachelor  of  Arts.  He 
made  himself  familiar  with  the  French  and  Spanish  languages, 
which  proved  very  advantageous  to  him  in  the  prosecution 
of  his  profession.  After  completing  his  course  in  college  he 
entered  the  Law  Department  of  the  same  university,  and  in 
1 82 1  obtained  the  degree  of  Bachelor  of  Laws,  and  entered 
upon   the  practice  of  the  law  in  Mount  Sterling. 

In  1827  he  removed  to  Callaway  County,  Missouri,  and 
settled  in  Fulton.  In  1828  President  Jackson  appointed  him 
one  of  the  visitors  to  attend  the  annual  examination  at  West 
Point.  In  1829  he  was  appointed  one  of  the  commissioners 
to  adjust  the  land-titles  growing  out  of  Spanish  grants  ;  and 
after  holding  the  office  a  few  years,  resigned  and  became  a 
candidate  for  Congress,  and  was  elected  for  two  successive 
terms,  but  died  in  1838,  before  the  expiration  of  his  last  term. 

With  his  fine  education,  popular  manners,  and  decided 
ability,  he  bid  fair  to  become  one  of  the  most  prominent  men 
of  the  West ;  but  death,  which  too  often  seeks  a  shining 
mark,  cut  him  off  in  the  prime  of  life. 

As  a  member  of  Congress  he  was  very  devoted  to  the 
interests  of  his  constituents,  and,  although  he  seldom  par- 
ticipated in  debate,  was  regarded  as  a  rising  member.  Mr. 
Harrison  was  well  read  in  his  profession,  but  embarked  too 
early    in    political    life   to    distinguish    himself  as   a  lawyer, 

5 


66  BENCH  AND  BAR    OF  MISSOURI. 

though  it  is  said  by  his  contemporaries  that  he  evinced  much 
skill  in  the  trial  of  a  cause,  and  by  his  pleasant,  insinuating 
manner  won  the  confidence  and  good-will  of  a  jury.  Prior 
to  going  to  P"ulton  he  discharged  the  duties  of  register  or 
receiver  of  the  land-office  at  St.  Louis,  but  for  what  length 
of  time  we  are  unadvised. 

He  was  a  man  of  fine  personal  appearance,  very  attractive  in 
his  manners,  and  possessed  rare  conversational  powers,  which 
made  him  popular  with  the  people,  and  gave  him  a  passport 
to  public  favor.  In  his  social  relations  he  was  affable,  and 
generous  to  a  fault,  and  when  thrown  among  strangers  made 
friends  rapidly.  We  have  conversed  with  several  of  the  old 
citizens  of  Callaway,  and  they  speak  of  him  with  much  feel- 
ing and  reverence. 

Missouri  has  been  very  fortunate  in  the  selection  of  her 
public  servants — few,  if  any,  having  proved  recreant  to  her 
interests. 


Richard  S.  Blannerhassett. 

This  gentleman  became  greatly  distinguished  at  the  St. 
Louis  bar  as  a  criminal  lawyer.  He  was  born  at  Conway 
Castle,  Killorglin,  county  of  Kerry,  Ireland,  in  May,  i8ii. 
His  mother  was  a  second  cousin  of  O'Connell,  the  famous 
Irish  orator  and  agitator,  and  was  also  related  by  blood  to 
the  Spottswoods,  of  Virginia.  His  father,  Edward  Blanner- 
hassett, of  Tralee,  was  first  cousin  of  Herman  Blannerhas- 
sett, noted  for  his  participation  in  the  Burr  conspiracy,  and 
whose  beautiful  island  home  on  the  Ohio  has  been  made 
historic  by  the  eloquence  of  William  Wirt, 

The  subject  of  this  memoir  received  his  early  education 
at  Tralee,  under  the  superintendence  of  an  elder  brother, 
who  was  a  graduate  of  Trinity  College.  While  very  young 
he  often  attended  the  Irish  courts  to  hear  his  kinsman, 
O'Connell,  and  it  is  said  that  he  then  formed  the  determina- 
tion to  become  a  lawyer.  In  1831  he  married  Miss  Byran, 
a  great-granddaughter  of  Jean  Jacques  Rousseau,  and  in 
the  same  year  came  with  his  father  and  family  to  America; 
landed  at  Quebec,  and  traveled  from  thence  to  Guelph, 
in  Upper  Canada,  and  after  remaining  there  a  short  time, 
returned  to  Hamilton,  where  young  Blannerhassett  opened  a 
school.  From  there  he  went  to  Lockport,  and  finally  settled 
in  Attica,  western  New  York,  where  he  taught  school  and 
studied  law  at  the  same  time. 

In  1835  he  was  admitted  to  the  bar,  and  practiced  in  Gen- 
esee and  the  adjoining  counties  until  1841,  when  he  deter- 
mined to  make  his  home  in  the  West,  and  left  for  St.  Louis, 
and  obtained  a  license  there  from  Judge  Bryan  Mullanphy,  on 
October  2d.  Before  leaving  Genesee  the  bar  at  that  place 
held  a  meeting  and  tendered  to  Mr.  Blannerhassett  the 
following  testimonial,  which  at  his  death  was  found  among 
his  papers  : 


68  BENCH  AND   BAR    OF  MISS  OCR  I. 

"The  undersigned,  members  nf  the  l)ar  uf  the  Supreme  Court  of  the  state  of 
New  York,  resichng  in  the  county  of  Oenesee,  having  learned  tliat  Richard  S. 
ISlannerhassett,  an  attorney  of  the  said  court,  who  has  for  several  years  resided 
in  said  county,  is  about  to  leave  for  the  West,  do  most  cheerfully  recommend 
liim  as  a  young  man  of  brilliant  talents,  of  generous  feelings,  and  of  good 
character.  lie  has  secured  for  himself,  during  his  residence  and  practice  here, 
the  kindest  regard  of  his  brethren  in  the  profession,  and  carries  with  him  the 
best  v\ishes  of  his  acquaintances. 
"  Dated  August  i8,  1841. 

[Signed,]  "John  B.  Murrell, 

"L.  W.  Pray, 
"  L.  A.  Vaplank, 
"  B.  Pringle, 
"J.  M.  Stoddard, 
"James  J.  Pittit, 
"Levi  Gibbs, 

"J.   G.   HOYT." 

• 
Mr.  Elannerhassett  practiced  at  the  St.  Louis  bar  during 

the  remainder  of  his  Hfe.  During  the  years  1848,  1849,  and 
1850  he  was  city  counselor  of  St.  Louis,  a  highly  honorable 
office,  and  one  requiring  a  high  order  of  legal  ability.  He 
died  December  25,  1857,  in  his  forty-seventh  year,  leaving  a 
widow  and  several  children  to  mourn  his  loss.  His  disease 
was  apoplexy.  The  St.  Louis  bar  held  a  meeting  and 
adopted  a  series  of  resolutions  expressing  their  high  appre- 
ciation of  him. 

In  the  If'ish  Nezvs,  a  paper  published  in  the  city  of  New 
York  by  General  Thomas  Francis  Meagher,  there  appeared 
a  notice  of  his  death,  v/ith  the  following  tribute : 

"A  gifted,  popular,  generous,  and  brilliant  Irishman  lies  dead  there  on  the 
banks  of  the  glorious  Mississippi,  and  we,  his  countrymen,  bring  to  his  grave 
the  ivy,  the  sweet  heath,   arbutus  leaves,  and  shamrocks  of  his  native  Kerry." 

Other  papers,  both  Irish  and  American,  paid  handsome 
tributes  to  his  memory. 

Mr.  Blannerhassett  as  a  criminal  lawyer  has  never  been 
excelled  at  our  bar.  He  was  not  as  eloquent  or  as  flowery 
in  his  declamation  as  Uriel  Wright,  but  as  a  close,  logical 
reasoner  he  was  his  superior.  He  had  a  fine  command  of 
language ;    was  a    ready,    graceful  talker,  and  his  speeches 


RICHARD  S.   BLANNERHASSETT.  69 

abounded  in  wit,  irony,  and  sarcasm.  One  of  his  chief 
characteristics  was  his  perfect  command  of  temper,  which 
always  gave  him  an  advantage  over  his  opponents.  No 
man  excelled  him  in  the  analyzation  of  testimony,  and  no 
man  was  his  equal  in  the  cross-examination  of  a  witness. 
If  satisfied  that  the  witness  was  honest  and  disposed  to  tell 
the  truth,  he  let  him  off  with  a  very  few  questions;  but  woe 
be  to  the  witness  who  might  attempt  the  perpetration  of  a 
falsehood.  He  was  certain  to  be  floored  and  exposed. 
Another  peculiarity  of  Mr.  Blannerhassett  w^as  his  perfect 
self-possession.  No  unexpected  development  in  the  evi- 
dence disturbed  him  for  a  moment.  Upon  one  occasion  we 
happened  to  be  present  in  the  St.  Louis  Criminal  Court 
when  he  was  defending  a  young  attorney  —  or,  rather,  shyster 
—  who  was  indicted  for  forging  a  deed  in  the  name  of  a 
colored  woman.  The  accused  had  an  accomplice,  who  was 
then  in  jail  for  another  offense,  and  Mr.  Blannerhassett  was 
advised  by  his  client  that  his  evidence  was  material  to  him. 
He  visited  his  cell,  had  a  conversation  with  him,  and  with 
some  little  hesitation  concluded  that  his  testimony  might  be 
useful  to  his  client,  and  thereupon  brought  him  into  court  to 
testify.  Contrary  to  his  expectation,  and  contrary  to  what 
he  had  a  right  to  hope  from  the  conversation  in  the  cell,  the 
witness  testified  strongly  against  his  client.  We  glanced  at 
Mr.  Blannerhassett,  without  being  able  to  detect  in  his 
features  any  evidence  of  his  disappointment.  We  remarked 
to  him,  "  Mr.  Blannerhassett,  you  were  sold  that  time  ;  how 
will  you  get  around  it?"  He  replied,  "Yes,  the  d — d 
scoundrel  sold  me;  but  if  you  will  wait  a  few  minutes,  you 
will  see  how  I  will  meet  it."  We  did  wait,  and  when  Mr. 
Blannerhassett,  in  his  argument  to  the  jur}',  came  to  that 
part  of  the  evidence,  he  said  : 

"  Gentlemen  of  the  jury  :  You  were  no  doubt  surprised  at  my  introducing  as 
a  witness  A  B.  I  had  an  object  in  view  which  I  could  not  then  disclose  to  you. 
I  have  long  Ijeen  satisfied  that  this  witness  was  the  man  who  forged  the  deed, 
and  to  satisfy  you  what  a  consummate  liar  and  scoundrel  he  is,  I  brought  him 
here  that  you  might  see  him,  and  witness  the  coolness  and  deliberation  with 
which  he  can  tell  a  lie." 

As  was  his  custom,  he  had  a  quid  of  tobacco  in  his  mouth 


JO  BENCH  AND  BAR   OF  MISSOURI. 

and  rolled  it  from  one  side  to  the  other  with  as  much  appa- 
rent indifference  as  any  casual  spectator  in  the  room.  It  is 
a  great  misfortune  that  none  of  Mr.  Blannerhassett's  argu- 
ments have  been  preserved.  In  this  respect  there  has  been 
a  great  and  inexcusable  negligence,  not  only  in  the  West, 
but  throughout  the  country. 

In  the  American  Lmv  Review  for  January,  1878,  there  is  a 
communication  by  C.  H.  Hill,  in  which  reference  is  made  to 
a  famous  argument  delivered  by  Mr.  Sohier,  of  Boston,  in 
1865,  in  the  case  of  Sturtevant  vs.  Allen,  which  was  an  action 
for  slander,  with  an  allegation  of  special  damage,  tried  in 
the  Supreme  Judicial  Court,  before  Chief  Justice  Bigelow, 
and  in  which  there  was  a  verdict  for  the  plaintiff  for  $32,000. 
Mr.  Hill  says  : 

"Those  members  of  the  Boston  bar  who  had  the  privilege  of  hearing,  thirteen 
years  ago,  Mr.  Sohier's  argument  in  the  case  of  Sturtevant  7'^".  Allen,  listened  to 
a  speech  worthy  to  rank  as  a  piece  of  invective  with  the  great  efforts  of 
Brougham  ;  but,  unlike  Brougham's  speeches,  no  report  of  it  exists,  and  many 
of  his  brother  lawyers  never  even  heard  of  it." 

This  omission  to  preserve  a  record  of  the  great  efforts  of 
American  lawyers  affords  no  excuse  whatever,  and  now, 
when  it  is  too  late,  we  begin  to  see  the  sad  effects  of  our 
negligence. 

Soon  after  coming  to  the  United  States  Mr.  Blannerhassett 
united  with  the  Democratic  party,  and,  though  he  seldom 
became  a  candidate  for  office,  was  ever  ready  to  aid  the 
cause.  He  often  addressed  the  people  on  the  eve  of  an 
election,  and  his  efforts  met  with  great  applause. 

Mr.  Blannerhassett  had  his  faults,  the  chief  of  which  was 
the  birth  of  his  generous  and  social  feelings.  He  took  a  deep 
interest  in  the  poor,  and  was  ever  ready  to  engage  in  any 
undertaking  for  their  benefit.  It  is  stated  that  on  one  occa- 
sion, while  visiting  the  jail,  a  prisoner  complained  of  suffering 
from  cold ;  whereupon  Mr.  Blannerhassett  took  off  his 
overcoat  and  handed  it  to  him,  and  returned  home  without 
any.     It  affected  him  greatly  to  see  any  one  in  distress. 

We  shall  conclude  this  sketch  with  a  reference  to  the  let- 
ter of  C.  C.  Simmons,  Esq.,  a  member  of  the  St.  Louis  bar, 


RICHARD  S.   BLANK ERH ASS ETT.  7 1 

and  also  at  one  time  a  law-partner   of  Mr.   Blannerhassett. 
He  says  : 

"During  Mr.  Blannerhassett's  term  as  city  counselor  many  important  public 
matters  came  up,  and  his  opinions  in  the  same  became  the  laws  that  govern 
the  city's  jurisdiction  in  regard  to  streets,  alleys,  etc.,  at  the  present  day.  His 
most  important  public  service  to  the  city  of  St.  Louis  (and  the  West  generally), 
however,  was  rendered  in  what  was  known  as  the  St.  Clair  County  suit,  the 
circumstances  of  which  were  these:  During  Judge  Krum's  term  of  office  as 
mayor  the  city  of  St.  Louis  decided  on  filling  up  the  river  on  the  Illinois  side 
of  Bloody  Island.  St.  Clair  County  issued  an  injunction,  which  stopped  the 
work.  The  case  was  decided  in  favor  of  the  city  of  St.  Louis  in  the  St.  Clair 
County  Circuit  Court,  and  an  appeal  was  taken  to  the  Supreme  Court  of  Illi- 
nois, where,  after  several  days'  argument,  it  was  decided  that  the  work  inaugu- 
rated by  the  city  of  St.  Louis  could  be  carried  on  only  by  a  special  act  of  the 
Legislature  of  Illinois.  Mr.  Blannerhassett's  argument  before  the  Supreme 
Court  of  Illinois  has  been  cited  as  the  finest  ever  listened  to  in  that  state.  He 
remained  in  Springfield  six  weeks  after  the  decision  of  the  court,  and  succeeded 
in  having  the  Legislature  pass  the  required  act.  The  benefits  arising  to  St. 
Louis  and  Illinois  were  depicted  by  Mr.  Blannerhassett  in  his  argument  before 
the  Supreme  Court,  and  prophecies  made  for  the  future,  many  of  which  have 
been  verified — the  connecting  of  the  Illinois  shore  with  Blooily  Island  having 
fulfilled  all  that  he  believed  it  would.  Mr.  Blannerhassett's  salary  at  that  time 
\vas  $600  per  annum;  for  this  additional  service  the  city  paid  him  $500.  Fees 
of  thousands  of  dollars  have  been  paid  by  the  city,  within  the  last  few  years, 
for  services  that  bear  no  comparison  with  this. 

"One  of  the  most  important  criminal  cases  defended  by  Mr.  Blannerhassett 
was  that  of  McLean,  for  the  murder  of  Colonel  Floyd,  who  resided  in  what 
was  then  a  wilderness,  but  is  now  known  as  Cote  Brilliant.  Five  men  visited 
this  gentleman's  house  at  midnight  for  the  purpose  of  robbery.  Colonel  Floyd 
was  shot  and  lived  thirty-six  hours,  declaring  before  his  death  that  McLean  was 
his  murderer  —  he  having  been  employed  on  the  place  two  weeks  previously  in 
digging  a  well.  Mrs.  Floyd,  whose  life  was  spared,  testified  to  the  identity  of 
one  of  the  other  men,  Johnson,  and  upon  her  testimony  he  was  executed.  Mr. 
Blannerhassett  always  contended  that  neither  Johnson  nor  McLean  were  among 
the  five  men;  one  of  whom  was  a  desperate  character  known  as  '  Buffalo  Bill,' 
another,  McCauley,  and  still  another.  Perry,  byname;  the  names  of  the  other 
two  cannot  be  recalled.  The  case  of  McLean,  which  is  a  remarkable  one,  first 
came  up  for  trial  in  the  fall  of  1842,  the  opening  speech  being  made  by  Mr. 
Blannerhassett's  partner,  Mr.  Simmons,  and  resulted  in  a  verdict  of  guilty  of 
murder  in  the  first  degree,  and  sentenced  to  be  executed  on  March  17th,  Saint 
Patrick's  day.  Mr.  Blannerhassett  declared  no  Irish  client  of  his  could  be 
hanged  on  Saint  Patrick's  day;  'they  shall  hang  me  first.'  He  therefore 
carried  the  case  to  the  Supreme  Court,  and  gained  a  new  trial.  On  the  second 
trial  seven  of  the  jury  were  for  conviction,  five  for  acquittal.  A  third  trial  took 
place  in  the  first  week  of  August,  1844,  when  ten  of  the  jury  were  for  convic- 
tion, two  for  acquittal  —  having  been  out  four  days.     A  fourtli  trial  took  place 


■J 2  BENCH  AND   BAR   OF  MISSOURI. 

in  April,  1S45.  In  closing  the  case,  Mr.  Blannerhassett's  address  to  the  jury 
was  a  model,  his  full  power  being  brought  to  bear.  It  was  a  pleasant  April 
evening ;  the  jury  left  the  box,  remaining  out  long  enough  to  take  tea,  returned, 
and  gave  a  verdict  of  'not  guilty.' 

"Another  important  case  was  that  of  the  robbery  of  the  State  Bank  of  Mis- 
souri by  its  cashier,  Nathaniel  Childs.  Mr.  Blannerhassett  cleared  Childs  on 
the  plea  that  the  bank  could  not  prove  the  loss  of  any  money.  The  O'Blenis 
case  was  another  of  Mr.  lilannerhassett's  best  efforts  ;  where  he  tiiwarted  tiie 
gallows,  O'Blenis  being  sentenced  to  the  penitentiary  for  ten  years.  In  the 
year  1850,  for  services  rendered  the  citizens  of  the  First  Ward,  an  elegant  solid 
silver  pitcher  was  presented  to  Mr.  Blannerhassett.  This  was  a  contest  between 
the  owners  of  Duncan's  Island  and  the  city,  in  which  the  latter  was  victorious. 

■'  In  1849,  when  the  cholera  was  raging  with  violence,  Mr.  Blannerhassett  was 
one  of  twelve  citizens  who  volunteered  as  a  sanitary  committee,  both  to  suppress 
the  disease  and  to  relieve  the  suffering  consequent  upon  the  scourge.  Mr.  Blan- 
nerhassett worked  faitlifully  from  attic  to  cellar,  nursing  the  sick,  bringing  out 
the  dead,  and  taking  no  heed  or  care  of  his  own  life.  In  May  of  the  same  year 
the  'great  fire'  took  place,  which  added  to  the  distressed  condition  of  the  city. 
As  a  member  of  the  Board  of  Aldermen,  Mr.  Blannerhassett  advised  the  issuing 
by  the  city  of  $50,000  in  bonds,  to  meet  the  exigencies  at  hand  — taking  the  risk 
of  the  Legislature  sanctioning  the  act  when  they  should  again  convene. 

"It  is  needless  to  add  the  Legislature  did  approve  the  act." 


James  Evans. 

To  show  how  rapidly  men  pass  from  our  recollection,  we 
question  whether  a  dozen  persons  outside  of  the  old  Ninth 
Judicial  Circuit  can  be  found  who  ever  knew  that  there  was 
such  a  judge  in  the  state  as  James  Evans;  yet  he  presided 
at  one  time  over  one  of  the  oldest  and  most  important  cir- 
cuits in  the  state. 

He  was  a  Virginian  by  birth,  and  came  to  the  territory 
before  the  admission  of  Missouri  as  a  state  ;  for  in  1 818-19 
he  had  a  fair  practice  in  south-eastern  Missouri,  and  for 
a  time  was  brigadier-general  in  the  state  militia ;  and,  if  we 
mistake  not,  a  member  of  the  Convention  called  to  frame 
our  state  Constitution.  He  was  considered  at  one  time  a 
very  fair  lawyer,  fully  equal  to  the  average  of  attorneys,  but 
soon  became  very  dissipated,  lost  his  practice,  and  was  re- 
duced to  indigence  and  poverty. 

About  the  year  1842  the  death  of  Judge  David  Sterigere 
created  a  vacancy  on  the  bench  of  the  Ninth  Circuit,  which 
was  filled  by  the  appointment  of  Mr.  Evans.  We  well 
recollect  the  circumstances  under  which  he  was  elevated  to 
the  bench,  for  Governor  Thomas  Reynolds,  who  then  occu- 
pied the  executive  chair,  did  us  the  honor  to  consult  us 
about  it.  Party  spirit  then  ran  very  high  throughout  the  state, 
and  the  Democrats  when  united  could  claim  a  majority  of 
only  about  5,000,  which  caused  the  opposition  to  make  a  good 
fight  at  every  election.  Governor  Reynolds,  though  a  man 
of  ability,  and  who  had  made  a  good  judge  both  in  this  state 
and  Illinois,  was  yet  a  timid  politician,  and  always  afraid  of 
being  charged  with  a  want  of  fealty  to  his  party.  He  sent 
for  us  and  expressed  great  embarrassment  with  respect  to 
filling  the  vacancy.  There  were  but  two  Democratic  lawyers 
in  the  circuit  who  were  eligible,  and  neither  was  fit  for  the 
place  ;  and  he  was  apprehensive  that  if  he  selected  one  from 


74  BENCH  AND  BAR    OF  MISSOURI. 

the  opposite  party,  he  would  subject  himself  to  the  censure 
of  his  political  friends.  We  candidly  told  him  tliat  in  our 
judgment  he  had  but  one  course  to  pursue.  If  he  was  un- 
able to  find  a  suitable  man  in  his  own  party,  he  should  select 
the  best  man  he  could  obtain  from  the  opposition.  He  then 
requested  us  to  name  a  man,  and  we  gave  the  names  of 
Philip  Cole  and  Mason  Frizell,  of  Washington  County,  either 
of  whom  we  thought  would  make  a  good  judge  —  giving  the 
preference,  however,  to  Mr.  Cole,  as  the  oldest  and  more  ex- 
perienced of  the  two.  He  acquiesced  in  our  views,  and  we 
left  him,  fully  satisfied  that  Mr.  Cole  would  receive  the  ap- 
pointment. Another  reason  for  supposing  that  our  recom- 
mendation would  exercise  an  influence  ^\•ith  the  governor 
was  that,  in  the  Convention  which  nominated  him,  we  (as  a 
delegate)  gave  him  a  warm  support;  but,  contrary  to  our 
expectations,  he  appointed  Mr.  Evans,  who  had  not  practiced 
law  for  nearly  a  quarter  of  a  century,  and  whose  dissipated 
habits  rendered  him  totally  unfit  for  the  place.  His  judicial 
career  was  short,  but  it  gave  rise  to  many  amusing  incidents. 

Before  opening  his  court  in  the  morning  he  generally  took 
aboard  about  a  pint  of  whisky,  and  if  he  exceeded  that,  his 
mind  became  confused,  and  the  only  thing  he  seemed  to 
recollect  with  much  distinctness  was  the  mode  and  manner 
of  passing  sentence  upon  prisoners.  At  a  term  of  the  Perry 
court  an  intoxicated  man  came  into  the  court-room,  and,  by 
loud  talking,  disturbed  his  honor.  Judge  Evans  directed 
the  sheriff  to  put  him  out,  which  was  promptly  done.  Be- 
fore adjourning  his  court  in  the  evening  he  told  the  sheriff 
that  he  thought  it  was  his  duty  to  impose  some  punishment 
upon  the  offender,  and  directed  that  officer  to  hunt  him  up 
and  bring  him  into  court  the  next  morning.  At  the  opening 
of  the  court  the  next  day  the  man  was  brought  in,  far  more 
sober  than  the  judge,  and  the  following  scene  took  place: 

"  Prisoner,  you  came  into  this  court  yesterday  in  an 
intoxicated  condition,  and,  by  loud  and  profane  language, 
greatly  disturbed  the  proceedings ;  and  I  have  sent  for  you 
to  impose  such  punishment  as  your  conduct  deserves.  The 
court  is  informed  that  you  are  poor,  and  have  a  large  family 


JAMES  El'ANS.  75 

dependent  upon  your  labor  for  support,  in  consideration  of 
which  you  will  be  treated  with  much  clemency  and  forbear- 
ance. Hold  up  your  right  hand.  It  is  the  judgment  of  this 
court  that  you  be  fined  one  dollar,  and  imprisoned  in  the 
county  jail  one  hour;  and  may  God  Almighty  have  mercy  on 
your  soul." 

Upon  another  occasion  one  of  the  attorneys  was  guilty  of 
a  contempt  of  court,  and,  refusing  to  purge  himself,  the 
judge  imposed  upon  him  a  fine  of  i  cent,  and  imprisonment 
in  the  county  jail  until  the  fine  was  paid ;  and  concluded 
his  sentence  by  saying,  "And  may  this  be  a  warning  to  you 
for  all  time  to  come.''' 

After  the  close  of  his  judicial  career  he  went  to  Ken- 
tucky, where  he  died.  It  was  said  that  his  domestic  rela- 
tions were  not  of  the  happiest  kind,  which  his  friends 
assigned  as  one  cause  for  his  dissipated  habits.  He  first 
located  in  Jackson,  and  later  in  life  took  up  his  residence  in 
Perryville. 


Mason  Frizell. 

]Mr.  Frizell  was  a  practicing  lawyer  for  at  least  thirty  years 
in  Potosi,  Washington  County.  He  was  a  native  of  ]\Iassa- 
chusetts,  and  studied  law  part  of  his  time  with  Philip  Cole, 
of  Potosi,  and  the  remainder  with  Edward  Bates,  of  St.  Louis. 
He  practiced  in  the  Ninth  Circuit  until  1862,  when  Gov^er- 
nor  Gamble  appointed  him  judge  of  the  St.  Francois  Circuit, 
which  position  he  held  till  his  death,  in  1865.  About  1863 
he  took  up  his  residence  in  Cape  Girardeau  County. 

He  was  a  man  of  powerful  frame,  and  had  he  been  trained 
as  a  prize-fighter,  would  have  proved  a  dangerous  antagonist 
in  the  ring.  His  head  was  nearly  a  third  larger  than  the  aver- 
age man,  his  hands  and  feet  of  enormous  dimensions,  and 
his  movements  awkward  and  ungraceful,  and  by  no  means 
calculated  to  impress  a  stranger  favorably ;  and  probably 
for  this  reason  he  seldom  indulged  in  the  society  of  ladies. 

Judge  Frizell  was  well  read  in  his  profession,  and  yet,  as 
a  iiisi-pnus  law\-er,  a  failure.  He  had  but  little,  if  any,  com- 
mand of  language,  and  no  power  to  entertain  a  jury  or  audi- 
ence ;  and  in  the  trial  of  a  cause  manifested  an  utter  want  of 
tact  and  management.  He  was  much  better  fitted  for  an 
office  lawyer,  and  those  who  knew  him  well,  appreciated  him 
ver}'  highly  as  a  counselor  and  legal  adviser.  His  briefs 
in  the  Supreme  Court  show  much  research  and  investigation, 
and  whatever  success  he  had  was  in  that  tribunal.  He  was 
an  unassuming  man,  and  one  of  his  greatest  drawbacks  was 
a  want  of  confidence  in  himself.  Though  a  man  of  strong  dis- 
likes and  prejudices,  he  seldom  became  invoh'ed  in  a  personal 
difficulty. 

After  passing  the  meridian  of  life  he  was  appointed,  as 
before  stated,  a  judge  of  one  of  the  south-eastern  circuits, 
and  in  that  capacity  was  far  more  successful.  His  mind  was 
slow,  but  his   knowledge   of  the   law   deep,  and  he  listened 


MASON  FRIZELL.  7/ 

patiently  to  argument,  took  time  for  reflection  if  he  had  any 
doubt  as  to  the  hiw,  and  in  the  end  his  decisions  were  almost 
uniformly  correct.  In  addition  to  this,  he  was  a  man  of 
sterling  integrity. 

He  married  a   niece  of  Judge    John  D.  Cook,  who,   with 
several  children,  survive  him. 


RUFUS    EASTON. 

There  are  few  duties  resting  on  mankind  more  sacred,  and 
yet  more  generally  neglected,  than  that  of  preserving  a  rec- 
ord of  the  lives  and  deeds  of  those  who  have  gone  before 
us,  and  who  have  devoted  their  days  to  the  public  welfare. 
How  few  can  now  be  found  who  ever  heard  of  the  subject 
of  this  sketch ;  yet  he  was  one  of  the  most  profound  lawyers 
of  early  Missouri,  and  has  left  the  impress  of  his  mind  upon 
the  laws,  statutes,  and  institutions  of  our  state. 

He  was  born  in  Litchfield,  Connecticut,  on  May  4,  1774, 
little  over  a  century  ago.  He  came  into  life  upon  the  dawn 
of  our  independence,  and  might  properly  have  been  called  a 
child  of  that  new  birth  which  gave  a  new  world  to  the  down- 
trodden subjects  of  old  empires.  Of  the  parentage  of  Mr. 
Easton  we  know  but  little,  but  they  were  of  English  descent, 
and  some  of  the  family  rendered  good  service  in  the  Revolu- 
tionary War.  It  does  not  appear  that  young  Easton  was  a 
graduate  of  any  of  our  colleges,  but  he  received  a  good 
education  preparatory  to  entering  upon  the  study  of  the 
law. 

When  eighteen  years  of  age,  and  in  Februar}^  ^79^>  1''^ 
became  a  student  in  the  office  of  Ephraim  Kirby,  a  promi- 
nent law}xr  of  Litchfield,  and  remained  with  him  two  years. 
He  completed  his  studies  elsewhere,  but  on  reaching  maturity 
obtained  a  license  to  practice  in  Connecticut.  To  what 
extent,  if  any,  he  practiced  in  that  state  is  unknown,  but  at 
the  opening  of,  or  immediately  preceding,  the  present  century 
we  find  him  at  Rome,  Oneida  County,  New  York,  where  he 
soon  became  known  as  a  promising  young  lawyer,  anci 
attracted  the  attention  of  the  prominent  men  of  the  Repub- 
lican party,  as  will  appear  from  the  following  letter  addressed 
to  him  by  Gideon   Granger,  postmaster-general   under  Mr, 


RUFUS  E AS  TON.  79 

Jefferson,  and   a   man   of   transcendent    ability.     The   letter 
bears  date  April  23,  1802,  and  is  as  follows:* 

"General  Post-office,  April  2j,  1802. 
"  Sir  :  Yours  of  the  5th  of  April  is  received.  Samuel  Carrington,  late  post- 
master at  Utica,  resigned  his  office  on  the  9th  of  March,  and  nominated  John 
Carrington  as  his  successor.  I  endeavored  to  procure  a  nomination  from  your 
delegates.  Not  meeting  with  success,  and  fearing  the  public  service  might 
suffer,  some  time  afterwards  before  the  receipt  of  your  letter,  I  appointed  John 
Harrington  postmaster  at  that  place.  The  case  of  Elizur  Mossley  shall  be 
considered.  You  recommend  Samuel  Starr  as  postmaster  for  Rome,  yet  state 
no  objections  against  the  present  postmaster.  It  has  not  been,  and  it  is  not 
my  wish  or  design,  to  remove  a  postmaster  who  is  fair  and  impartial  in  the 
discharge  of  his  duties,  and  who  enjoys  the  confidence  of  his  fellow-men. 

"  \Vith  esteem, 

"  Gid'n  Granger. 
''  Rufus  East  on.  Rome,  N.   F." 

It  is  apparent  from  this  letter  that  the  authorities  at  Wash- 
ington were  accustomed  to  confer  with  Mr.  Easton  in  regard 
to  the  appointments  for  western  New  York.  Mr.  Easton 
spent  the  winter  of  1803-4  in  Washington  City,  and  the 
subject  of  the  approaching  presidential  election  was  begin- 
ning to  excite  the  public  mind.  DeWitt  Clinton,  of  New 
York,  then  regarded  as  the  foremost  of  American  statesmen, 
was  prominently  mentioned  as  a  candidate,  and  was  in  cor- 
respondence with  the  leading  men  of  the  Republican  party. 

The  following  letter  addressed  by  him  to  Colonel  Easton 
(the  original  being  in  our  possession)  shows  that  he  was  in 
confidential  communication  with  him  : 

"Newtown  /  Sept.  iSoj. 
"Sir:  As  you  propose  to  visit  the  Seat  of  Govt,  and  as  we  are  yet  in  the 
dark  as  to  the  arrangements  that  will  be  made  on  the  subject  mentioned  in  your 
letter,  it  will  neither  be  necessary  nor  practicable  for  me  to  enter  into  any  spe- 
cific detail,  but  as  you  will  be  there  in  person  it  will  be  in  your  po\s  er  to  watch 
the  progress  of  measures  &  to  act  accordingly.      *     *     * 

"  I  am  with  great  consideration 

"Your  most  obed.  svt. 

"DeWitt  Clinton. 
"i?.  Easton  Esq:' 


*  In  introducing  these  letters,  the  peculiar  style  of  the  writer,  in  the  matter 
of  abbreviations,  punctuation,  and  phraseology,  has  been  followed  where  no 
fac-simile  is  "iven. 


8o  BENCH  AXD   BAR    OF  MISSOrRI. 

It  was  during  that  winter  in  Washington  that  Mr.  Easton 
determined  upon  changing  his  residence  to  New  Orleans, 
and  left  Washington  in  the  early  part  of  March,  1804,  with 
the  following  letter  of  recommendation  from  Colonel  Aaron 
]^urr  to  Mr.  Ellery,  of  New  Orleans  (the  original  in  our 
possession)  : 

"Washington  //  March  1S04. 
"Dear  Sir  :  I  lil<e  thai  my  friends  shoukl  1)C  kncjwn  to  each  other,  &  hav- 
ing had  reason  to  rank  Mr.  Easton  in  that  number,  he  is  introduced  to  you  as  such. 
\^ou  will  certainly  be  greatly  amused  to  converse  with  a  man  who  has  passed 
the  whole  winter  in  this  city  —  who  has  had  free  intercourse  with  the  officers  of 
Govt.  iS;  members  of  Congress- — who  has  discernment  to  see  beyond  the 
surface,  and  frankness  and  independence  enough  to  speak  his  own  sentiments. 
Mr.  E.  is  this  man.  He  has  practiced  law-  several  years  with  reputation  in  the 
interior  of  our  state.  Born  and  educated  in  N.  England.  He  goes  to  try  his  for- 
tune at  the  liar  in  Louisiana.      I  recommend  him  to  your  notice  and  accjuaintance. 

"Your  friend  &  svt. 

"A.  Burr. 
"  Al'/ii.   A'.  Ellery  Esq. 

"N.  Orleans:' 

This  letter  was  never  presented  ;  for  Mr.  Easton,  after 
leaving  Washington,  concluded  to  locate  at  Vincennes,  In- 
diana Territory,  and  obtained  a  license  there  to  practice,  but 
could  not  have  remained  long,  for  in  the  same  year  he  lo- 
cated at  St.  Louis,  which  became  his  permanent  residence 
until  within  a  few  years  of  his  death,  when  he  removed  to 
St.  Charles.  Mr.  Easton  again  visited  Washington  City  in 
the  winter  of  1804-5,  '^^'^'^  received  considerable  attention 
from  men  of  prominence. 

It  was  during  that  winter  that  Colonel  Burr  made  his  ar- 
rangements to  carry  into  effect  his  favorite  project  of  estab- 
lishing a  western  empire,  to  embrace  Mexico  and  the  west- 
ern states  and  territories,  with  New  Orleans  for  its  capital. 
He  no  doubt  then  calculated  upon  the  cooperation  of  Easton  ; 
and,  to  increase  Easton's  influence,  joined  Granger  and  others 
in  procuring  for  him  the  appointment  of  judge  of  the  territory 
of  Louisiana  ;  for  on  March  13,  1805,  Easton's  commission  as 
such  was  signed  by  Mr.  Jefferson,  and  five  days  afterwards 
Colonel  Burr  addressed  the  following  letter  to  him : 


ATFC'S  £  AS  TON.  8 1 

"  ^VASHI^■(;TO^■  iS  Mar.  jSoj 
"  Dear  Sir, 

"You  will  have  heard  before  this  can  reach  you  of  your  appointment  to 
the  office  of  Judge  of  the  new  Territory  of  Louisiana  —  This  event  gave  me 
the  utmost  pleasure  as  well  on  your  account  as  on  that  of  several  of  my 
friends,  who  are  about  to  remove  thither  — 

"  The  Gov  Genl  Wilkinson  has  been  long  my  intimate  friend,  and  Doctor 
Browne  the  Secretary  is  my  near  relative  —  You  will  be  much  gratified  by  the 
accjuaintance  of  these  two  gentlemen,  and  I  shall  take  care  to  inspire  them 
with  a  wish  for  your  friendship  &  esteem. 

"I  enclose  you  copies  of  the  two  acts  which  immediately  respect  your  Ter- 
ritory, which  I  suppose  to  be  the  most  acceptable  thing  I  could  send. 

"  It  is  probable  that  I  shall  float  down  the  Ohio  &  the  Mississippi  this 
season,  &  possible  that  I  may  visit  Kas  Kaskia  &  St.  Louis  — 

"At  all  times  &  in  all  places  be  assured  of  my  great  regard  &  esteem. 

"  A.  Burr. 
"  The  Hon  Riifits  Easfon.'' 

There  was  nothing  in  this  letter  calculated  to  awaken  any 
suspicion  in  the  mind  of  Judge  Easton  as  to  Burr's  designs, 
but  he  interpreted  it,  as  well  as  several  invitations  previously 
sent  to  breakfast  and  dine  with  him  (which  we  also  have),  as 
mere  evidences  of  a  friendly  feeling,  and  a  wish  to  promote 
his  welfare  ;  but  taken  in  connection  with  subsequent  events, 
and  Burr's  travels  through  the  West,  the  letter  is  of  the 
utmost  importance  as  foreshadowing  the  plot  and  conspiracy 
against  the  government,  for  which  Burr  was  tried  at  Rich- 
mond. 

To  properly  understand  the  bearing  of  these  letters  and 
others  which  will  follow,  it  becomes  necessary  to  state,  for 
the  benefit  of  such  of  our  readers  as  may  not  be  fully  posted 
in  the  history  of  the  famous  conspiracy,  that  after  the  fatal 
duel  with  Hamilton,  in  July,  1804,  Colonel  Burr  left  New 
York  to  avoid  an  arrest,  and  traveled  until  the  meeting  of 
Congress,  in  December  following,  when  he  repaired  to 
Washington  and  took  his  seat  as  presiding  officer  of  the 
Senate.  It  was  during  that  winter  that  he  planned  his 
famous  project  of  a  western  empire,  and  as  his  term  of  office 
of  vice-president  would  expire  by  limitation  on  March  4,  1805, 
he,  two  days  previously,  took  leave  of  the  Senate  in  a  speech 
which  created  a  profound  sensation.  He  was  at  that  time, 
however,  a  bankrupt  in  fortune  and  politics,  and  saw  in  his 
6 


82  BENCH  AND  BAR    Of  MISSOURI. 

contemplated  revolution  the  only  hope  of  again  rising  to  the 
surface.  His  inordinate  ambition  rose  far  above  any  patri- 
otic feeling  that  ever  animated  his  breast. 

At  this  time  he  was  on  the  most  intimate  terms  with  Gen- 
eral Wilkinson,  commander-in-chief  of  the  army,  and  who,  at 
the  close  of  the  session  of  Congress  just  referred  to,  was 
appointed  governor  of  the  territor}-  of  Louisiana.  He  and 
Wilkinson  were  in  the  expedition  against  Quebec  in  the 
winter  of  1775-6,  and  for  many  years  afterwards  carried  on 
an  intimate  and  confidential  correspondence.  To  hope  for 
any  success  in  liis  treasonable  undertaking,  it  was  indispen- 
sably necessary  that  he  should  have  the  cooperation  of 
Wilkinson,  which  he  no  doubt  obtained,  as  will  appear  from 
the  evidences  we  hereafter  give;  but  \\hen  Wilkinson  saw 
that  exposure  was  inevitable,  to  save  himself  he  turned 
against  Burr,  and  placed  in  the  hands  of  the  government  the 
cipher  letter  sent  from  Burr  to  Wilkinson,  of  which  V/ilkin- 
son  alone  had  the  key,  and  which  furnished  the  chief  evi- 
dence against  Burr  upon  his  trial  for  treason.  (See  Appen- 
dix for  a  copy  of  this  letter.)  On  leaving  Washington  at  the 
end  of  his  official  term.  Colonel  Burr  went  to  Philadelphia, 
and  on  April  lOth  left  Philadelphia  on  horseback  for  Pitts- 
burg, and  from  there  he  proceeded  by  flat-boat  down  the 
Ohio  River  and  landed  at  Marietta,  just  below  which  was 
Blannerhassett's  Island,  the  home  of  an  educated  and  ac- 
complished Irishman,  whose  wealth  enabled  him  to  entertain 
in  a  princely  style.  His  \\'ife  was  a  lad)'  of  beauty  and  re- 
finement, and  possessing  an  ambition  not  usual  in  her  sex, 
readily  induced  her  husband  to  cooperate  with  Burr,  who 
was  then  her  guest,  and  whose  fascinating  manners  com- 
pletely won  her  admiration  and  esteem.  From  that  time 
Burr  frequently  visited  her  island  home,  which  was  described 
by  Mr.  Wirt  as  a  heavenly  paradise,  and  there  he  concocted 
his  plans  for  erecting  and  establishing  a  western  empire. 
From  there  he  visited  Cincinnati  and  Louisville,  and  at  the 
latter  place  left  his  boat  and  proceeded  on  horseback  to 
Nashville,  in  Tennessee,  where  he  became  the  guest  of  Gen- 
eral Jackson. 


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J^rFC'S  E  AS  TON.  83 

In  June  he  descended  the  Cumberland  River,  and  resumed 
his  voyage  down  the  Ohio,  and  at  Fort  Massac,  just  below  the 
mouth  of  the  Cumberland,  he  again  met  Wilkinson,  who  gave 
him  letters  of  introduction  to  persons  in  New  Orleans,  and 
fitted  him  out  with  an  elegant  barge,  in  which  he  proceeded  to 
that  city.  On  June  25,  1805,  he  landed  in  New  Orleans,  then 
a  cit)-  of  about  9,000  inhabitants,  and  composed  chiefly  of 
French  Creoles.  Burr  remained  three  weeks  in  New  Orleans, 
where  he  was  feasted  with  banquets,  balls,  and  dinners.  He 
went  from  New  Orleans  to  Nashville  in  July,  and  again 
became  a  guest  of  General  Jackson,  and  from  there  he  pro- 
ceeded to  Louisville,  Frankfort,  and  Lexington,  and  from 
Kentucky  went  to  St.  Louis,  where  he  again  met  General 
Wilkinson.  While,  however,  at  Tennessee  Ferry,  Burr  ad- 
dressed to  Easton  the  following  letter : 

•' TflNNESSEE  P'ERRY,    JO    flllv,    iSoj. 

••  Dear  Sir, 

"Your  two  very  kind  (S;  friendly  letters  have  been  reed.  One  at  Orleans 
&  the  other  on  my  return  last  week  through  Natchez.  It  gave  nie  very  great 
pleasure  to  be  assured  of  your  health  &  of  the  continuance  of  your  friend- 
ship. Having  barely  time  to  salute  you  &  to  thank  you  for  your  letters  I  must 
defer  till  a  more  fit  occasion  to  reply  to  them.  Yet  I  hope  to  see  you  at  .St. 
Louis  early  in  Sept.  In  the  meantime  address  to  me  at  Lexington  whither  I 
am  now  bound. 

••  With  great  respect  &  attachment 

"  Your  friend,  ik.c., 

"A.  Burr. 
••  Hon.  Judge  Easton.'''' 

In  June  preceding,  however,  Burr  was  at  Massac,  a  govern- 
ment fort  on  the  Ohio,  just  below  the  mouth  of  the  Cumber- 
land River,  and,  in  anticipation  of  his  visit  to  St.  Louis,  was 
anxious  to  establish  a  good  understanding  between  Easton  and 
General  Wilkinson,  who  was  also  governor  of  the  territory, 
and  for  that  purpose  addressed  to  Easton  a  letter,  the  fac- 
simile of  which  we  here  give  : 

"  Massac,  June  7,   180^. 

"Dear  Sir:     Before  leaving  Washington  I  transmitted  you  copies  of  such 

laws    as  I   thought  might  amuse  or  interest  you,  accompanied  by  a  few  lines  the 

principal  object   of  which   was   to  promote   a  friendship  and   mutual   confidence 

between  you  and  Governor  Wilkinson.      I  have  this  object  so  much  at  heart,  and 


84  BENCH  AND  BAR   OF  MISS  OCR  I. 

deem  il  sd  iniijortant  to  you,  thnl  I  lake  tlic  liberty  ngain  to  repeal  and  urge  it. 
The  governor  is  a  man  of  higli  sense  of  honor,  of  delicate  feelings,  and  warm 
sentiments.  A  frank,  ingenuous  deportment  on  your  part  cannot  fail  to  attach 
him.  He  is  disposed  to  be  useful  to  you,  and  will  have  it  greatly  in  his  power. 
I  have  prepared  the  way  for  you  by  exciting  prepossessions  in  your  favor,  which 
you  must  foster. 

"The  governor  is  intimately  informed  of  the  views  of  the  executive.  You 
need  not  be  told  that  your  standing  with  the  administration  will  depend  on 
the  zeal  and  ability  with  which  you  shall  promote  those  views. 

"  I  hope  to  see  you  in  [or  at]  St.  Louis  in  August  or  September,  when  il  will 
afford  me  the  highest  gratification  to  find  you,  not  only  in  harmony,  but  in  con- 
fidence and  friendship,  with  the  governor. 

"  Accept  my  assurance  of  the  great  respect  and  regard  with  which  I  am 

"  Your  friend  and  servant, 

"A.  Burr. 

"The  Hon.  R.  Eastonr 


That  Wilkinson,  who  as  before  stated  was  then,  not  only 
governor  of  Louisiana  Territory,  but  commander-in-chief  of 
the  United  States  army,  was  in  full  accord  with  Burr,  aiding 
and  assisting  in  the  conspiracy, -cannot  be  well  doubted,  and 
the  object  of  the  meeting  in  St.  Louis  was  to  prepare  the 
minds  of  the  people  for  the  contemplated  movement,  and  to 
enlist  in  tlie  cause  Easton  and  other  prominent  men  of  the 
territory. 

The  inhabitants  of  Upper  Louisiana  were  mostly  creole 
French,  and  had  just  been  transferred  to  the  United  States 
by  treaty  of  1803,  and  it  was  naturally  supposed  that  they 
preferred  a  monarchy  or  empire  to  our  form  of  government. 
It  is  certainly  true  that  they  opposed  the  change  of  govern- 
ment, and  though  the  purchase  of  the  territory  from  France 
by  the  United  States  immediately  doubled  the  value  of  their 
possessions,  yet  they  expressed  much  dissatisfaction  and  dis- 
content. 

Of  this  fact  Burr  and  Wilkinson  were  well  advised,  and 
had  nothing  to  fear  but  the  opposition  of  the  leading 
Americans. 

Burr  came  to  St.  Louis  in  September — found  Wilkinson 
there  awaiting  him ;  and  soon  had  a  conference  with  Easton 
and  others  which  satisfied  them  that  Easton  would  prove 
hostile  to  their  plans  ;  so  they  refused  to  confide  in  him,  and 


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RUFUS  E AS  TON.  85 

that  ended  all  further  conference  so  far  as  Easton  was  con- 
cerned. 

The  latter  at  that  time  was  boarding  with  the  father  of 
General  Bernard  Pratt,  and  Burr  visited  him  at  his  room. 
Pratt  then  resided  in  a  one-story  house  on  the  north-east 
corner  of  Market  and  Main  Streets,  built  in  old  French 
style,  with  broad  porches  all  around  it.  Before  calling  at 
Easton's  room,  however.  Burr  and  Wilkinson  visited  the 
quarters  and  encampment  of  the  United  States  soldiers  at 
Bellefontaine,  about  ten  miles  north  of  St.  Louis. 

After  Burr  left  St.  Louis,  Wilkinson  expressed  a  strong 
dislike  for  Easton,  and  was  instrumental  in  circulating  against 
him  charges  of  official  corruption,  which  he  and  others  man- 
aged to  bring  to  the  ears  of  the  president ;  and  when  Easton's 
commission  expired,  Mr.  Jefferson  nominated  another  person 
to  his  office. 

Judge  Easton  immediately  repaired  to  Washington,  and 
sent  a  communication  to  the  president,  asking  to  be  furnished 
with  the  charges  made  against  him  ;  to  which  Mr.  Jefferson 
replied,  defining  his  policy  in  reference  to  appointments. 

We  found  this  letter  in  a  bundle  of  papers  which  Colonel 
Easton  had  carefully  laid  away,  and  which  had  not  seen  the 
light  for  seventy-two  years.  It  is  in  Mr.  Jefferson's  hand- 
writing, and  is  important  as  defining  the  policy  of  his  admin- 
istration in  reference  to  applicants  for  oflfice.  As  there  is 
no  letter  of  his  extant  bearing  so  directly  upon  the  subject, 
we  here  give  a  fac-simile  of  it : 

"Washington,  February  22,  1S06. 
"■  Sir  :  Your  commission  as  judge  of  Louisiana,  according  to  its  own  terms 
and  those  of  the  Constitution,  was  to  expire  at  the  end  of  the  present  ses- 
sion of  the  Senate.  The  nomination  of  a  successor  is  then,  by  the  Constitu- 
tion, as  free  as  it  originally  was.  In  exercising  the  duty  of  nomination  to 
office,  it  has  never  been,  nor  can  be,  admitted  that,  after  a  selection  made  of 
one  of  the  competitors,  all  those  who  are  unsuccessful  shall  have  a  right  to 
have  the  reasons  specified  for  which  they  have  been  pretermitted,  and  to  be 
heard  in  justification,  on  the  ground  of  protecting  their  reputation.  I  always 
receive  such  documents  of  character  as  the  parties  or  their  friends  offer,  seek 
the  best  information   I  can  otherwise  get,  make  up  as  honest  an  opinion  as  I 


86  BENCH  AND   BAR    OF  MISSOURI. 

can,  and  say  no  more  about  it.  I  never  even  let  it  lie  known  wlio  asks  for  of- 
fice, much  less  the  ground  of  not  giving  it.  Every  one  must  he  sensible  what 
kind  of  altercation  I  should  be  involvetl  in  on  every  nomination,  were  I  to 
specify  the  ground  of  passing  over  a  candidate,  as  you  desire  in  your  letter. 
However,  if  you  think  proper  to  call  on  me,  I  will  verbally  state  to  you  two 
or  three  facts,  and  hear  anything  you  may  wish  to  say  respecting  them.  It  is 
the  first  time  it  has  ever  been  asked,  and  is  most  probably  the  last  time  it 
will  ever  be  yielded   to. 

"  Accept  my  salutations  and  respects. 

'•  Th.  Jefferson. 
■"  Air.  Eastoii."^ 

Easton  called  upon  him  the  next  day,  and  the  president 
doubtless  became  satisfied  that  the  charges  were  unfounded, 
for,  though  he  declined  to  reappoint  him  to  the  judgeship  of 
the  territory,  he  gave  him  the  office  of  United  States  attor- 
ney. 

Gideon  Granger,  who  was  postmaster-general  under  Mr. 
Jefferson,  was  one  of  the  most  profound  men  of  his  day,  and 
exhibited  a  strong  friendship  for  Colonel  Easton,  resulting  in 
a  friendly  and  interesting  correspondence  between  them. 
Some  of  his  letters  to  Colonel  Easton  will  be  found  in  the 
Appendix.  One  of  them  bearing  date  December  5,  1806, 
written  during  the  excitement  of  the  Burr  conspiracy,  and 
shortly  after  learning  that  Colonel  Easton  was  about  to 
engage  in  a  duel,  is  so  interesting,  and  characteristic  of 
Granger,  that  we  are  induced  to  give  a  fac-simile  of  it.  The 
original,  now  in  our  possession,  we  found  among  Colonel 
Easton's  papers,  and  it  is  not  probable  that  it  ever  met 
the  gaze  of  human  eye  after  it  was  filed  away,  until  we  took 
it  from  a  carefully  tied-up  bundle.  A  part  of  the  old  wax  seal 
is  attached,  and  it  bears  the  frank  of  the  postmaster-general, 
and  is  addressed  as  follows : 


"RuFus  Easton,  Esq. 


.57.  Louis, 

"Lo  nisi  a  III  a." 


In  breaking  the  seal  a  piece  of  the  letter  became  detached 
and  adhered  to  the  wax,  and  upon   it   is  the  name    Catali)ie, 


alluding  to  Burr. 


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A-C7-C'S  EAST  ON.  8/ 

"Washington,  Dcicmber  j,  iSob. 
"  Rjifus  East  on,  Esq.. 

"  My  Dear  Friend  :  I  have  received  your  sundry  communications,  the  last 
of  November  4th.  I  did  not  think  it  best  to  deliver  the  president  the  letter 
you  sent,  and  I  burnt  it.  Let  facts,  actions,  and  concurring  opinions  prove 
your  innocence  and  your  injuries,  and  not  declarations.  I  may  have  erred, 
but  I  acted  as  I  thought  best;  and  though  you  may  deem  me  unfortunate  or 
weak,  I  have  some  experience  in  life.  "S'our  acquittal  and  last  I  shall  disclose. 
This  comes  to  the  point.  I  shall  also  explain  the  burning  of  the  letter  [^vhere 
it  ought  to  be). 

"You  have  referred  to  L.  Lomis'  affidavit.  It  \i, false  as  hell.  I  despise 
it,  and  scorti  to  say  more  to  ANY  person.  Nature  made  me  quiet  as  a  lamb, 
but  at  bottom  there  is  some  of  the  old  spirit  of  the  Yankee,  and  death  is 
preferable  to  letting  one's  self  down.  Yet  I  disapprove  of  your  fighting- 
match.  Fie,  fie,  Riifus  —  the  state  of  society  -x  justification  for  doing  ivrong  ! 
Out  with  you,  out  with  yoic  —  none  of  this  doctrine.  It  is  against  reason  and 
philosophy.  It  is  against  the  great  charter  of  civil  government.  NYhen  you 
do  what  you  feel  and  kii070  to  be  wrong,  in  obedience  to  the  fashion  of 
society,  it  is  not  a  virtue ;  it  is  not  courage  or  fortitude.  It  is  poor,  mean 
weakness  —  an  evidence  of  a  want  of  firmness  and  of  a  dereliction  of  prin- 
ciple. I  beg  you  to  be  more  of  a  man;  to  partake  more  of  the  Divinity,  and 
not  to  be  driven  about  by  every  blast  of  folly. 

"In  your  last  you  mention  that  report  from  Kentucky  says  that  I  have 
given  A.  Burr  the  powers  of  the  general  post-office  for  the  western  country, 
with  blanks,  etc.,  to  dismiss  such  as  did  not  accord  with  him.  Nothing  could 
be  UOK^ false.  Since  I  have  been  in  office  he  never  had  any  authority  from 
the  department  —  not  in  his  glory — to  fill  a  single  blank;  and  it  is  due  to 
him  to  say  he  never  attempted  to  acquire  such  authority.  As  a  man,  I  have 
loved  Burr  —  you  know  it.  As  a  politician  and  peculiar  child  of  ambition,  I 
have  feared  Burr,  and  you  know  it.  As  an  officer  of  government,  I  have 
neither  loved,  feared,  or  hated  any  man  —  but  have  pursued  the  onward  path 
of  duty;  and  \{  you  do  not,  you  ought  to,  know  it.  It  has  been  my  fortune 
in  three  instances  to  trace  his  devious  mazes — and  the  president  knows  it.  I 
hii\\e\ii\\\s  practices  M\<\  designs  are  extremely  dangerous.  The  conspiracy 
which  now  exists,  and  at  length  is  made  known  to  the  public,  was  (I  believe) 
first  made  known  to  the  president  in  an  authentic  shape  —  by  me,  on  the  i6th 
of  October  last.     Yet  I  helong  to  a  small  state! 

"  My  friend,  I  love  truth  and  principle,  and  among  the  severest  days  of  my 
trial  will  be  that  one  when  a  friend  whom  in  all  conditions  I  have  advocated 
shall  be  led  to  depart  from  duty  and  league  with  an  electrified  Cataline.  I 
don't  fear  it.     Do  your  duty  and  trust  in  God. 

"  Severe  attempts  have  been  made  to  injure  you  in  the  Post-office  Depart- 
ment. Vv'hile  you  conduct  with  fidelity,  as  I  know  you  always  will,  you  have 
nothing  to  fear.  I  shall  soon  retire  from  public  life,  but  not  driven  away. 
On  the  whole,  the  prospects  of  the  nation  are  fair.  God  bless  you  and 
yours. 

"  Gid'n  Granger." 


Ot^trr-  <^^}  -^.s^^-*-^  iA>iptt~c^  ^Jtz^^J^  C:ar^:&^ 

I  —  I 


-         ^ 


J 


rj^^^^ 


AT/'TS  E ASTON.  87 

"  Washington,  Deicmber  5,  1S06. 
'•  Riifus  East  on,  Esq.. 

"  My  Dear  Friend:  I  have  received  your  sundry  communications,  the  last 
of  November  4th.  I  did  not  think  it  best  to  deliver  the  president  the  letter 
you  sent,  and  I  burnt  it.  Let  facts,  actions,  and  concurring  opinions  prove 
your  innocence  and  your  injuries,  and  not  declarations.  I  may  have  erred, 
but  I  acted  as  I  thought  best;  and  though  you  may  deem  me  unfortunate  or 
weak,  I  have  some  experience  in  life.  Your  acquittal  and  last  I  shall  disclose. 
This  comes  to  the  point.  I  shall  also  explain  the  burning  of  the  letter  (jvliere 
it  ought  to  be). 

"You  have  referred  to  L.  Loniis'  affidavit.  It  Is  false  as  hell.  I  despise 
it,  and  scorn  to  say  more  to  ANY  person.  Nature  made  me  quiet  as  a  lamb, 
but  at  bottom  there  is  some  of  the  old  spirit  of  the  Yankee,  and  death  is 
preferable  to  letting  one's  self  down.  Yet  I  disapprove  of  your  fighting- 
match.  Fie,  fie,  Rnfus  —  the  state  of  society  :!^  justification  for  doing  wro>tg .' 
Out  with  you,  out  with  you  —  none  of  this  doctrine.  It  is  against  reason  and 
philosophy.  It  is  against  the  great  charter  of  civil  government.  When  you 
do  what  you  feel  and  know  to  be  wrong,  in  obedience  to  the  fashion  of 
society,  it  is  not  a  virtue;  it  is  not  courage  or  fortitude.  It  is  poor,  mean 
weakness — an  evidence  of  a  want  of  firmness  and  of  a  dereliction  oi  prin- 
ciple. I  beg  you  to  be  more  of  a  man;  to  partake  more  of  the  Divinity,  and 
not  to  be  driven  aliout  by  every  blast  of  folly. 

•'In  your  last  you  mention  that  report  from  Kentucky  says  that  I  have 
given  A.  Burr  the  powers  of  the  general  post-office  for  the  western  country, 
with  blanks,  etc.,  to  dismiss  such  as  did  not  accord  with  him.  Nothing  could 
be  MORE/a/.ft-.  Since  I  have  been  in  office  he  never  had  any  authority  from 
the  department  —  not  in  his  glory — to  fill  a  single  blank;  and  it  is  due  to 
him  to  say  he  never  attempted  to  acquire  such  authority.  As  a  man,  I  have 
loved  Burr — you  know  it.  As  a  politician  and  peculiar  child  of  ambition,  I 
have  feared  Burr,  and  you  know  it.  As  an  officer  of  government,  I  have 
neither  loved,  feared,  or  hated  any  man  —  but  have  pursued  the  onward  path 
of  duty;  and  \i  you  do  not,  you  ought  to,  know  if.  It  has  been  my  fortune 
in  three  instances  to  trace  his  devious  mazes —  and  the  president  knows  it.  I 
h^\\t\t\\\s  practices  i\-\(\  designs  are  extremely  dangerous.  The  conspiracy 
which  now  exists,  and  at  length  is  made  known  to  the  public,  was  (I  believe) 
first  made  known  to  the  president  in  an  authentic  shape  —  by  me,  on  the  i6th 
of  October  last.     Yet  I  helong  to  a  small  state! 

"  My  friend,  I  love  truth  and  principle,  and  among  the  severest  days  of  my 
trial  will  be  that  one  when  a  frietid  %vhom  in  all  conditions  I  have  advocated 
shall  be  led  to  depart  from  duty  and  league  with  an  electrified  Cataline.  I 
don't  fear  it.     Do  your  duty  and  trust  in  God. 

"  Severe  attempts  have  been  made  to  injure  you  in  the  Post-office  Depart- 
ment. While  you  conduct  with  fidelity,  as  I  know  you  always  will,  you  have 
nothing  to  fear.  I  shall  soon  retire  from  public  life,  but  not  driven  away. 
On  the  whole,  the  prospects  of  the  nation  are  fair.  God  bless  you  and 
yours. 

"  Gid'n  Granger." 


88  BENCH  AND  BAR   OF  MISSOURI. 

According  to  Mr.  Granger's  letter  of  December  5,  1806, 
the  Burr  conspiracy  in  an  authentic  shape  was  first  made 
known  to  the  president  on  October  16,  1806.  A  Cabinet 
meeting  was  immediately  called,  and  steps  taken  to  bring 
the  conspirators  to  trial.  Burr's  movements  were  watched 
closely,  and  all  officers  of  the  government  were  called  upon  to 
gTvFim  information  in  their  possession.  A  correspondence 
passed  between  Colonel  Easton  and  the  government,  and 
the  colonel  frankly  disclosed  all  the  information  he  had  been 
able  to  obtain.  As  early  as  January,  1805,  he  wrote  to  the 
president,  in  which  he  referred  to  the  opposition  of  the 
inhabitants  to  a  change  of  government,  and  their  strong 
attachment  to  a  monarchy  or  empire.  He  mentions  the  fact 
that  when  a  rumor  prevailed  that  there  was  to  be  a  recession 
to  Spain,  joy  gladdened  their  hearts.  He  expresses  the 
belief  that  a  traitorous  project  to  divide  the  Union  had 
existed  for  some  time  amongst  influential  characters  of  the 
Union.  He  had  been  conscious  of  the  project  for  more  than 
a  year.  On  October  20,  1805,  he  wrote  to  the  president 
"  that  General  Wilkinson  had  put  himself  at  the  head  of  a 
party  of  a  few  individuals  who  were  hostile  to  the  best  in- 
terests of  America." 

We  hope  to  find  room  in  the  Appendix  for  several  ol  these 
letters,  and  a  few  others  from  Burr,  Granger,  Clinton,  Cal- 
houn, and  others,  addressed  to  Colonel  Easton.  In  1808 
the  first  post-office  in  St.  Louis  was  established,  and  Colonel 
Easton  became  the  first  postmaster,  proving  conclusively 
that  the  government  continued  to  repose  the  utmost  confi- 
dence in  his  patriotism  and  integrity. 

During  this  time  he  was  actively  engaged  in  the  practice 
of  his  profession,  and  became  the  leading  lawyer  of  the  ter- 
ritory, and  enjoyed  the  most  lucrative  practice  at  the  bar. 
He  was  more  noted  for  the  soundness  and  vigor  of  his  intel- 
lect than  for  impassioned  eloquence,  though  he  was  not  with- 
out many  of  the  graces  of  oratory.  His  perceptive  faculties 
were  strong,  and  he  expressed  himself  with  a  logical  clearness 
and  force  that  always  favorably  impressed  his  hearers.  He 
would  have  been  esteemed  a  strong  debater  at  any  bar.     In 


jRUFCS  E AS  TON.  89 

the  argument  of  a  question  of  law,  he  evinced  so  much  candor 
and  plausibiHty  that  it  required  an  ingenious  argument,  well 
supported  by  authority,  to  overthrow  his  proposition.  But 
his  chief  excellence  consisted  in  his  fine  executive  and  ad- 
ministrative ability.  He  filled  the  offices  of  judge,  United 
States  attorney,  delegate  in  Congress,  and  postmaster  of 
St.  Louis  with  great  ability.  No  matter  in  what  position 
of  trust  he  was  placed,  he  seemed  to  comprehend  with  great 
facilit}'  its  duties  and  obligations. 

From  the  time  he  came  to  the  territory  his  popularity  and 
influence  gradually  increased,  and  in  18 14  he  was  elected 
a  delegate  to  Congress  from  the  territory,  and  continued 
such  for  a  period  of  four  years.  Upon  the  organization  of 
the  state  government,  in  i82i,hewas  appointed  attorney- 
general,  and  continued  in  that  office  until  sometime  in  1826. 

He  died  in  St.  Charles,  July  5,  1834,  and  his  remains 
repose  in  Lindenwood  Cemetery. 

Colonel  Easton  left  a  large  family,  including  seven 
daughters,  one  of  whom  married  Hon.  Thomas  L.  Ander- 
son, of  Palmyra;  another  became  the  wife  of  Hon.  Henry 
S.  Geyer;  a  third  one  married  Archibald  Gamble,  Esq., 
brother  of  Governor  Gamble  ;  another,  who  recently  died  at 
a  very  advanced  age,  was  the  wife  of  Major  Sibley,  of  St. 
Charles.  When  but  fourteen  years  of  age,  she  traveled  on 
horseback  from  St.  Louis  to  Washington  City  in  company 
with  her  father.  She  was  a  lady  of  fine  literary  taste,  and 
jointly  with  her  husband  founded  and  endowed  the  Linden - 
wood  Female  Seminary  at  St.  Charles,  which  became  noted 
as  an  institution  of  learning. 

His  son  Colonel  Alton  R.  Easton  is  still  a  resident  of  St. 
Louis,  and  is  one  of  the  most  influential  and  enterprising  of 
our  citizens.  He  organized  and  commanded  a  regiment  in 
the  Mexican  War,  known  as  the  "St.  Louis  Legion." 

At  one  time  Judge  Easton  was  engaged  in  business  with 
Mr.  Russell,  father-in-law  of  Thomas  Allen,  Esq.  They  en- 
tered largely  in  real  estate  speculations,  which,  by  reason  of 
a  financial  crisis,  proved  disastrous,  and  caused  Judge  Easton 
to   become  straitened    in  circumstances  —  a  condition  which 


90  BENCH  AXD   BAR    OF  M/S.SOrKI. 

greati}'  pre}-ed  upon  his  mind,  and  no  doubt  shortened  his 
life.  They  owned  the  ground  upon  which  the  present  city 
of  Alton  is  located  —  in  fiict,  they  laid  out  the  town,  which 
was  named  after  Judge  Easton's  oldest  son,  Alton  Rufus 
Easton.  Abbey  Street  in  Alton  takes  its  name  from  his 
daughter  Abbey,  and  the  present  Compton  Avenue  of  St. 
Louis  was  also  called  Abbey,  and  changed  to  its  present 
name  ;  and  Easton  Avenue,  one  of  the  most  noted  thorough- 
fares of  St.  Louis,  takes  its  name  after  him. 

Judge  Easton  was  a  man  of  very  kind  heart,  and  contrib- 
uted to  the  full  extent  of  his  means  to  all  meritorious 
objects  of  charit}'.  He  was  very  fond  of  company,  and  he 
and  his  accomplished  lady  dispensed  a  most  generous  hos- 
pitality. Few  strangers  of  note  visited  St.  Louis  without 
being  invited  to  his  house. 

This  recalls  to  mind  what  we  have  heard  in  regard  to  his 
absent-mindedness,  which  was  occasionally  a  source  of  much 
embarrassment  to  his   family. 

We  give  one  instance  as  an  illustration  :  He  invited  a 
distinguished  officer  of  the  army,  who  was  on  a  visit  to  St. 
Louis,  to  dine  with  him  on  a  particular  day  at  three  o'clock. 
The  officer  came  promptly  to  the  hour,  but  the  family  had 
already  dined,  and  the  judge  was  engaged  writing  in  his 
office,  having  entirely  forgotten  the  invitation,  and  having 
omitted  to  inform  his  wife  of  it.  It  proved,  also,  a  source  of 
much  annoyance  to  him  in  his  business,  for,  knowing  this 
feature  in  his  character,  his  clients,  by  way  of  refreshing  his 
memory,  were  constantly  repeating  to  him  the  story  of  their 
wrongs. 

In  running  our  e}x  over  the  Missouri  Gazette  of  August 
2,  1808,  we  stumbled  upon  the  following  letter,  which  speaks 
for  itself.  The  judge  had  no  doubt  dropped  it  on  the  street, 
and  some  one  had  found  it  and  sent  it  to  the  paper: 

"Col.  R.  E.  :  Tlie  mind  of  your  humble  servant  is  agitated.  *  *  * 
You  seem  not  to  like  long  talks.  *  *  *  Is  my  plea  put  in  ?  Is  the  habeas 
corpus  ready  ?  Is  everything  else  ready  respecting  my  suit  ?  You  are  my 
assistant  counsel.      My  all  is  depending. 

•'I.  T." 


RL'FL'S  E ASTON.  9 1 

Colonel  Easton  was  an  active  politician,  and  canvassed  the 
territory  several  times  as  a  candidate  for  Congress.  Candi- 
dates usually  announced  themselves  through  the  press,  as  at 
the  present  day. 

The  Missouri  Gazette  was  a  small  sheet,  15x18,  and 
published  on  paper  as  coarse  and  dark  as  common  brown 
wrapping-paper.  It  was  first  published  by  Joseph  Charless, 
in  1808,  under  the  name  of  Missouri  Gazette  ami  Illinois  Ad- 
vertiser, and  in  July,  18 18,  called  simply  Missouri  Gazette. 
It  is  still  published,  under  the  name  of  Missouri  Republican, 
and  has  the  most  extensive  circulation  of  any  western 
journal. 

Colonel  Easton  was  a  man  of  fine  appearance.  The  por- 
trait we  give  of  him  is  said  to  be  an  excellent  likeness,  and 
is  from  a  miniature  taken  when  he  was  about  forty  years 
of  age. 


William  M.  Campbell. 

The  people  of  Missouri  will  better  recognize  l\Ir.  Camp- 
bell by  the  name  of  "  Billy  Campbell,"  for  by  that  name  he 
was  universally  called.  He  was  a  native  of  Virginia,  and 
born  in  Lexington,  Rockbridge  County,  June  19,  1805. 
He  was  a  graduate  of  Washington  College,  now  known  as 
Washington  and  Lee  University.  He  finished  his  legal 
studies  in  his  native  place,  and  in  the  fall  of  1829  came  to 
Missouri,  and  in  the  spring  following  opened  a  law-office  in 
the  town  of  St.  Charles.  He  made  no  effort  to  obtain  busi- 
ness, but  his  ability  soon  became  known,  and  from  that  time 
he  was  able  to  command  any  practice  he  wished.  The  next 
year  he  was  sent  to  the  General  Assembly,  and  finally  chosen 
to  represent  his  district  in  the  State  Senate,  where  he  was 
retained  until  he  removed  to  St.  Louis,  about  1844.  The 
change  of  residence  was  occasioned  by  his  being  invited  to 
take  charge  of  the  editorial  department  of  TJie  Neiv  Era, 
a  Whig  daily  evening  paper  published  in  St.  Louis  by  Charles 
Ramsey,  Esq. 

He  was  shortly  afterwards  again  sent  to  the  State  Senate 
from  St.  Louis,  and  remained  in  that  body  until  his  death, 
which  occurred  December  30,  1849.  He  was  also  a  member 
of  the  State  Constitutional  Convention  held  at  Jefferson 
City  in  1845.  We  are  not  aware  of  his  holding  any  other 
office,  except  the  presidency  of  the  State  Historical  Society. 

During  his  editorial  career  he  practiced  but  little  at  his 
profession,  though  he  continued  to  attend  the  courts  of  St. 
Charles  and  Warren.  Mr.  Campbell  was  recognized  as  one 
of  the  ablest  lawyers  in  the  West,  having,  indeed,  ver\^  few 
superiors  at  any  bar  ;  and  as  a  political  writer  was  unsur- 
passed. He  was  a  fine  classical  scholar,  and  spoke  both 
French  and  Spanish.  His  retentive  memory  and  fondness 
for  reading  enabled  him  to  gather  a  store-house  of  informa- 


WILLIAM  M.    CAMPBELL.  93 

tion,  which  he  called  into  requisition  whenever  he  had  a 
demand  for  it.  His  style  of  speaking  was  bold,  logical,  and 
fluent,  and  before  a  jury  he  was  almost  invincible.  His  per- 
sonal popularity  was  so  great  that  no  party  discipline  could 
defeat  him  before  the  people.  Though  a  very  decided 
Whie.  the  Democrats  of  St.  Charles  would  vote  for  him  as 
cordially  as  his  own  party.  It  was  a  popularity  acquired 
without  any  effort  on  his  part,  for  he  was  as  indifferent  to  his 
own  personal  advancement  as  it  was  possible  for  any  man  to 
be.  He  would  not  turn  on  his  heel  to  be  president  of  the 
United  States.  Everybody  liked  him,  and  he  loved  every- 
body. No  one  ever  saw  his  temper  ruffled  in  the  slightest 
degree.  Nothing  could  disturb  his  equanimity ;  nor  any 
misfortune,  his  happiness.  He  never  borrowed  or  antici- 
pated trouble,  but  accepted  everything  as  though  it  was 
intended  for  his  good.  Upon  one  occasion,  while  attending 
the  Legislature,  the  sheriff  of  St.  Charles  County  went  up 
to  Jefferson  City  to  pay  into  the  state  treasury  some  reve- 
nue. He  called  to  see  Mr.  Campbell,  who  asked  about  the 
news  from  St.  Charles.  The  sheriff  replied,  "  Nothing  new, 
Mr.  Campbell ;  but  I  am  sorry  to  say  that  I  had  to  sell  out, 
last  week,  your  house  and  lot  for  the  debt  you  owed  as 
security  for  Hill."  "  Oh,  that  is  nothing,"  said  Campbell, 
"the  property  is  not  lost  —  it  has  only  changed  hands." 

Mentally  he  was  one  of  the  most  industrious  men  in  the 
state ;  physically,  the  most  indolent.  Put  him  in  an  arm- 
chair, with  a  table  near  him  upon  which  he  could  hoist  his 
feet,  and  he  could  write  more  in  one  hour  than  most  men 
can  in  three.  His  mind  moved  as  if  driven  by  steam-power, 
while  the  least  physical  exertion  was  painful  to  him.  More 
than  half  of  the  members  of  the  Legislature  got  him  to 
WTite  their  bills,  reports,  resolutions,  etc. ;  and  we  have  heard 
the  enrolling  clerk  say  that  half  of  the  bills  that  came  into 
his  hand  for  enrollment  were  in  the  handwriting  of  Mr. 
Campbell.  When  the  House  adjourned  at  noon-time  for 
dinner,  he  would  frequently  remain  in  his  seat  writing,  rather 
than  undergo  the  labor  of  walking  two  squares.  While  writ- 
ing he   had    the   appearance   of    being   half    asleep,  but  he 


94  BENCH  AND  BAR    OF  .IZ/SSOrA'/. 

would  throw  off  editorial  after  editorial  for  his  paper,  T/ie 
Nc'ii'  Era,  a  statement  of  the  proceedings  of  both  Houses 
for  that  day,  ready  for  the  night's  mail,  and  probably  a  dozen 
bills,  and  as  many  reports,  for  members  who  were  sitting 
around  him.  He  wrote  with  great  rapidity  and  ease,  and 
scarcely  ever  had  occasion  to  make  a  correction.  But  his 
most  extraordinary  faculty  was  his  wonderful  memory.  The 
following  incident  was  related  to  us  by  Mr.  Ramsey,  proprie- 
tor of  77/r  ycti.'  Era  : 

Bishop  Soule,  an  eminent  Methodist  divine,  visited  St. 
Louis,  and  delivered  a  sermon  on  a  subject  of  great  interest, 
and  it  was  the  desire  of  some  of  the  friends  of  the  bishop 
that  it  should  be  reported,  and  one  of  them  called  upon  Mr. 
Ramsey  for  that  purpose.  Mr.  Ramsey  said  he  had  no  short- 
hand reporter,  but  he  thought  Mr.  Campbell  might  be  induced 
to  report  it ;  and  Campbell,  upon  being  requested,  consented 
to  do  so.  He  took  a  seat  in  front  of  the  pulpit,  and  to  all 
appearances  slept  during  the  whole  sermon.  The  next  day, 
to  the  astonishment  of  the  bishop  and  his  friends,  The  New 
Era  came  out  with  a  full  report  of  the  discussion,  embracing 
three  long  columns.  The  bishop  said  it  was  a  verbatim  copy 
of  his  sermon,  the  only  mistake  being  the  substitution  of  the 
figure  "8"  for  "3,"  which  probably  was  a  typographical 
error.  Mr.  Campbell,  on  returning  to  his  office,  had  written 
it  out  from  memory. 

Upon  another  occasion  Mr.  Campbell  was  l}'ing  on  a  bench 
one  night  in  the  Senate  chamber  when  the  Democratic  mem- 
bers came  in  to  hold  a  caucus,  with  closed  doors.  They  con- 
cluded not  to  disturb  Campbell,  who  appeared  to  be  asleep. 
In  a  few  days  a  complete  report  of  the  proceedings,  with  a 
copy  of  the  resolutions  adopted,  appeared  in  the  St.  Louis 
Republican.  How  their  proceedings  were  divulged  was  a 
mystery  to  all,  and  the  secretary  of  the  meeting  was  charged 
with  being  bribed,  etc.  But  when  the  excitement  of  the 
exposure  blew  over,  Mr.  Campbell  admitted  that  he  had 
reported  them. 

He  was  a  bachelor,  had  but  few  wants,  and  they  were 
readily  supplied.      He  placed  no  estimate  upon  the  value  of 


WILLIAM   M.    CAMPBELL.  95 

money,  never  asked  a  client  for  his  fee,  kept  no  account  of  his 
services,  and  if  a  chent  called  to  pay  him,  was  most  likely  to 
tell  him  that  he  had  no  charge  against  him.  Upon  one  occa- 
sion he  was  appointed  by  the  court  in  St.  Charles  to  defend 
a  man  indicted  for  horse-stealing.  His  client  had  no  money, 
but  Campbell  gave  more  than  usual  attention  to  his  case,  and 
produced  his  acquittal.  The  fellow  seemed  to  be  grateful, 
and  said,  "Mr.  Campbell,  I  will  pay  you  one  of  these  days." 
About  a  year  afterwards,  while  Campbell  was  writing  an 
editorial  at  The  Neiv  Era  office,  the  man  came  in  and 
approached  him,  \\ith  the  remark,  "  Don't  you  recollect  me? 
I  am  the  man  you  defended  in  St.  Charles  for  horse-stealing. 
You  got  me  off,  Mr.  Campbell,  but  I  stole  the  horse,  never- 
theless ;  and  now  I  want  to  pay  you  for  your  services."  "  I 
have  no  charge  against  you,"  said  Campbell.  "Well,  I 
intend  to  pay  you  anyhow,"  said  his  client,  and  laid  a  bank- 
bill  on  the  table  and  walked  out.  Campbell  did  not  appear 
to  notice  it,  when  Mr.  Ramsey  called  his  attention  to  it.  It 
was  a  $ioo  bill  on  the  State  Bank  of  Missouri. 

At  another  time  a  client  called  in  and  handed  him  a  $50 
bill,  which  he  laid  on  the  table ;  and  when  he  went  out, 
Ramsey  found  it  among  some  loose,  scattering  papers. 
Campbell  would  never  have  missed  it  had  not  Mr.  Ramsey 
reminded  him  of  it. 

At  one  time  he  had  a  handsome  property  in  St.  Charles, 
but  it  was  soon  frittered  away,  for  he  indorsed  for  every- 
body. He  would  give  something  to  every  beggar  he  met; 
and  if  he  went  out  in  the  street  with  a  pocketful  of  change, 
he  was  certain  to  come  back  without  a  cent.  He  was  noted 
•all  over  the  state  for  being  slovenly  and  dirty  in  his  apparel, 
and  the  anecdotes  related  of  him  in  that  respect  are  innu- 
merable. During  one  of  the  terms  of  the  St.  Charles  court, 
Henry  S.  Geyer,  who  was  attending  the  court,  and  whose 
love  for  fun  was  proverbial,  saw  Campbell  come  in  with  a 
clean  shirt  on  and  his  beard  newly  shaved  —  an  event  that 
only  occurred  once  in  a  month  —  and  immediately  rose  and 
introduced  him  to  the  court,  with  the  request  that  the  name 
of  the  stranger  might  be  entered  upon  the  roll  of  attorneys. 


96  BENCH  AX  J)  JLIR    OF  MISSOURI. 

With  a  grave  and  solemn  look,  Mr.  Campbell,  with  pen  in 
hand,  approached  the  clerk  and  signed  the  roll,  amid  the 
tumultuous  laughter  of  the  bar  and  audience. 

Upon  another  occasion,  Hamilton  R.  Gamble  and  John  F. 
Darby  were  attending  court  in  St.  Charles,  and  went  together 
to  Mr.  Campbell's  office  to  consult  some  law-books.  An  old 
sow  was  standing  at  the  door  of  the  office,  eating  water- 
melon rinds  which  Campbell  had  thrown  out.  Campbell  had 
gone  to  the  court-house.  When  the  old  sow  had  finished 
her  repast,  she  poked  her  nose  into  the  office  and  gave  a  loud 
grunt.  Gamble  gave  her  a  kick,  and  told  her  to  clear  out  — 
"  for  "  said  he,  "  Campbell  is  not  here." 

Upon  still  another  occasion,  as  he  was  about  leaving  for 
Jefferson  City  to  attend  a  session  of  the  Legislature,  his  good 
sister,  who  was  devotedly  attached  to  him,  bought  him  a 
dozer)  new  shirts  and  packed  them  carefully  in  his  trunk. 
"  Now,"  said  she,  "  brother,  do  be  more  particular  about  }'our 
dress,  and  don't  forget  to  put  on  a  clean  shirt  at  least  twice 
a  week;  for  you  don't  know  how  mortifying  it  is  to  me  to 
have  you  go  about  looking  so  dirty."  When  he  returned 
home  at  the  close  of  the  session,  she  congratulated  him 
upon  looking  so  hearty.  "  Why,"  said  she,  "  you  have 
grown  as  fat  as  a  pig;  they  must  have  fed  you  well  at  the 
capital!"  "Yes,"  said  he,  "they  take  good  care  of  us,  for 
they  are  always  in  want  of  some  appropriations."  She  then 
took  a  look  at  his  trunk,  and  found  but  two  shirts  in  it. 
"  Where  under  heavens,  brother,"  said  she,  "are  all  those  new 
shirts  I  gave  you?"  "Don't  you  find  them  in  the  trunk?" 
said  he.  "  No,  brother,  I  see  but  two  here."  "  Well,"  said 
he,  "possibly  I  have  some  on  me."  Whereupon  she  com- 
menced examining  his  breast,  and  found  six  shirts  on  him. 
The  cause  of  his  great  improvement  in  flesh  became  at  once 
apparent. 

The  late  Henry  S.  Geyer  was  retained  in  a  case  pending 
in  the  St.  Charles  Circuit  Court,  involving  a  considerable 
amount  of  propert}%  and  Mr.  Campbell  was  engaged  on  the 
opposite  side,  and  knowing  Mr.  Campbell's  great  popularity 
with  a  St.  Charles  jury,  he  resorted  to   a   little  stratagem  to 


WILLIAM  M.   CAMPBELL.  gl 

gain  the  favor  and  good-will  of  the  jury.     Knowing  that  Mtr;. 
Campbell's   slovenliness    in    dress   was   well    understood,   he: 
remarked  in  his  opening  speech  to  the  jury  that   he   came: 
into  the  case  with   the   purest   motives,  and   expected  to  be- 
met  by  the  opposing  counsel  with  a  like  fairness  and  candor, 
but   was   greatly  surprised   to   find   that    Mr.  Campbell   had 
been  guilty  of  offering  a  bribe  to  the  jury.      In   an  instant 
Mr.  Campbell  sprang  to  his  feet,  seemingly  much  astonished,', 
and  demanded  to  know  in  what  manner  and  by  what  means  . 
he   had   attempted   to   bribe   a  jury  composed  of  the   most 
respectable  citizens  of  St.  Charles  County.      Mr.  Geyer  stated 
that  he  made  the  charge  with  a  full  knowledge  of  what  he  was 
saying,  and  was  responsible  for  what  he  said.      In  a  loud  and 
threatening  voice    Mr.  Campbell   demanded  an    explanation 
of  the   charge,  and   said,  "  How,  sir,  did   I    attempt  to  bribe 
them?"      When  Mr.  Geyer,  during  the  most  intense  excite- 
ment in  the  court-room,  replied,  "  By  coming  into  court  this, 
morning  with   a   clean   shirt  ivi."     In   an   instant   the  whole 
audience  was  convulsed  with  laughter,  and  with  a  significant 
smile  Mr.  Campbell  thanked  him  for  the  compliment. 
Mr.  Campbell  remained  a  bachelor  through  hfe.. 
7 


RUFUS    PETTTBONE. 

Rufus  Pettibone,  the  son  of  Giles  and  Margaret  Holcomb 
Pettibone,  was  born  in  the  county  of  Litchfield,  in  the  state 
of  Connecticut,  on  May  26,  1784.  In  his  boyhood  Rufus  was 
robust  and  healthy,  and  was  among  the  foremost  in  his  class 
at  school,  and  a  leader  in  their  sports  on  the  play  ground. 
He  was  the  youngest  of  a  large  family  of  children,  and  it 
was  generally  understood  in  the  family  that  Rufus  was  to 
receive  a  collegiate  education.  With  this  understanding  the 
course  of  study  at  the  district  school  was  so  shaped  that, 
when  he  applied  to  enter  college,  he  experienced  no  difficulty 
whatever  in  passing  the  necessary  examination.  After  the 
summer  vacation  following  commencement  in  the  year  1801, 
he  applied  for  and  was  admitted  to  Williams  College,  in  north- 
western Massachusetts,  and  passed  four  years  of  his  life  in 
diligent  study  at  that  college  ;  and  at  its  expiration,  in  1805, 
was  graduated  with  high  honors.  After  he  graduated  he 
returned  to  his  father's  house  to  debate  and  advise  with  him 
as  to  the  battle  of  life,  upon  the  threshold  of  which  he  was 
about  to  enter. 

Following  the  bent  of  his  own  mind,  and  conforming  to 
the  wishes  and  desires  of  his  friends,  he  adopted  law  as  his 
profession,  and  in  the  early  part  of  1806  began  the  study  of 
law  in  the  office  of  a  lawyer  of  large  practice,  in  Onondaga 
County,  in  the  state  of  New  York.  He  remained  in  this 
office  for  about  two  years,  and  then  entered  the  office  of 
Abraham  Van  Veckten,  a  leading  lawyer  of  that  day  in  the 
city  of  Albany,  in  the  same  state.  After  remaining  here  for 
one  year  he  was,  after  examination,  admitted  to  the  practice 
as  an  attorney  and  counselor.  This  was  in  the  latter  part  of 
the  year  1808,  or  the  early  part  of  1809. 

After  looking  around  for  a  suitable  location   to   practice 
his  profession,  he  finally  settled  in  the  village  of  Vernon,  in 


HUFUS  PETTIBONE.  99 

the  western  part  of  the  large  and  wealthy  county  of  Oneida, 
in  the  year  1810,  and  was  elected  in  18 12  to  represent  the 
county  in  the  lower  branch  of  the  State  Legislature.  While 
serving  as  a  member  of  the  Legislature  he  became  ac- 
quainted with  Louise  Esther  De  Russey,  to  whom  he  was 
married  in  the  same  year.  She  was  the  daughter  of  Clau- 
dius Le  Droit  De  Russey,  who  emigrated  from  France  to 
the  Island  of  San  Domingo  prior  to  the  year  1791,  but  who 
during  that  year  was  fortunate  enough  to  escape  the  insur- 
rection b}'  taking  refuge  on  board  a  vessel  that  took  him 
and  his  family  to  New  York,  in  which  state  he  settled. 

\\\  1 8 17  Rufus  Pettibone  concluded  to  remove  to  St. 
Louis,  in  the  then  territory  of  Missouri,  and  cast  his  lot 
among  the  pioneers  of  that  section;  and  accordingly,  in 
May,  1 8 18,  reached  St.  Louis  with  his  family,  at  that  time 
consisting  of  his  wife  and  three  children.  Upon  his  arrival 
he  was  offered  a  partnership  in  the  practice  of  law  by  Col- 
onel Rufus  Easton,  one  of  the  most  experienced  lawyers 
then  at  the  St.  Louis  bar.  This  he  accepted.  During  the 
agitation  of  the  question  of  the  admission  of  the  then  terri- 
tory as  a  state  into  the  Federal  Union,  the  subject  of 
slavery  was  a  most  disturbing  element  in  the  settlement  of 
the  question  of  admission.  A  large  number  of  the  settlers 
in  the  territory  of  Missouri  were  opposed  to  the  further 
spread  of  slavery,  or  its  recognition  in  the  then  proposed 
Constitution.  The  persons  who  held  to  these  views  were  in 
a  great  minority,  but  so  earnest  were  they  to  give  expression 
to  their  sentiments  that  a  ticket  with  names  of  representative 
men  thereon  was  presented  to  the  people  for  their  suffrages. 
On  that  ticket  were  John  B.  C.  Lucas,  Rufus  Easton,  Rufus 
Pettibone,  Robert  Simpson,  and  Caleb  Bowles. 

The  election  of  state  officers  followed  close  on  the  adop- 
tion of  the  Constitution,  which  w^as  in  July,  1 820.  At  the 
election  Alexander  McNair  was  chosen  governor,  and  Will- 
iam H.  Ashley  lieutenant-governor.  The  representatives 
chosen  from  the  several  counties  assembled  in  St.  Louis  in 
September,  1820,  and  organized  the  first  State  Legislature. 
The  remainder  of  the  year  1820  had  nearly  passed  before 
every  department  of  the  state  government  was  organized  — 


lOO  BENCH  AND   RAR    OF  MISSOURI. 

especially  was  this  the  case  in  the  judicial  department.  No 
courts  were  held  under  the  state  government  until  the  year 
1 82 1.  The  senators  chosen  by  the  Legislature  were  David 
Barton  and  Thomas  H.  Benton,  and  were  elected  in  the 
order  here  given. 

Rufus  Pettibone  was  appointed  judge  of  the  Second  Judi- 
cial Circuit,  which  was  then  composed  of  the  counties  of 
Ralls,  Pike,  Lincoln,  St.  Charles,  Montgomery,  and  Calla- 
way on  the  north  side  of  the  Missouri  River,  and  Gasconade 
County  on  the  south  side.  After  his  appointment,  Judge 
Pettibone  removed  to  the  town  of  St.  Charles.  His  first 
court  was  held  in  Louisiana,  Pike  County,  in  February, 
1 82 1.  He  served  the  people  of  the  circuit  as  judge,  with 
credit  to  himself  and  acceptability  to  them,  until  1823,  when 
a  vacancy  occurred  on  the  supreme  bench  of  the  state,  which 
vacancy  he  was  appointed  to  fill.  He  held  the  position  of 
supreme  judge  of  the  state  from  the  time  of  his  appointment 
until  July  31,  1825,  when  —  in  the  prime  of  his  power  and 
usefulness  —  he  died. 

In  the  winter  of  1824-5  the  Legislature  of  the  state  chose 
Hon.  Henry  S.  Geyer  (afterward  a  United  States  senator 
from  the  state  of  Missouri)  and  Judge  Rufus  Pettibone  to 
revise  the  laws  of  the  state,  and  to  prepare  the  same  for  enact- 
ment by  the  Legislature. 

Judge  Pettibone  was  a  ripe  scholar  and  a  sound  lawyer, 
and  in  his  death  the  young  state  of  Missouri  lost  a  most 
valuable  citizen. 

For  an  account  of  the  parentage  and  early  life  of  Judge 
Pettibone  we  are  indebted  to  a  brother  of  his,  Levi  Pettibone, 
Esq.,  of  Pike  County,  Missouri,  who  is  now  in  his  ninety- 
eighth  year.  At  this  advanced  age  he  retains  w  ith  wonder- 
ful power  all  of  his  faculties,  and  his  letters  addressed  to  Mrs. 
Hunt  (wife  of  the  late  Judge  Hunt),  his  niece,  and  to  us, 
touching  the  life  of  his'brother,  and  the  father  of  Mrs.  Hunt, 
are  remarkably  clear,  and  most  beautifully  written. 

A  notice  of  Judge  Pettibone  would  hardly  be  complete 
without  referring  as  we  have  to  his  elder  brother,  who,  fifty- 
three  years  after  the  death  of  the  former,  is  enabled  to  give 
us  the  data  upon  which  this  notice  is  predicated. 


John  s.  Brickey. 

We  became  acquainted  with  this  venerable  lawyer  in  the 
fall  of  1836.  He  was  a  native  of  Richmond  County,  Vir- 
ginia, and  was  born  November  2,  1791.  He  was  of  French 
Huguenot  descent.  His  education  was  obtained  in  the  old- 
field  schools.  His  father  being  in  reduced  circumstances, 
and  incumbered  with  a  large  family,  young  Brickey  deter- 
mined to  go  West  and  become  the  architect  of  his  own 
fortune.  When  only  eighteen  years  of  age  he  went  into  the 
western  part  of  the  state,  and  taught  school  there  the  first 
winter.  In  the  spring  he  took  up  his  march  for  Tennessee, 
and  in  the  summer  opened  a  school  there,  and  taught  until 
1 8 10,  when  he  again  started  for  the  West,  landing  at  St. 
Genevieve,  and  after  resting  there  a  short  time  proceeded  to 
Potosi,  in  Washington  County,  with  the  intention  of  opening 
a  school  there  ;  but  changed  his  mind  and  proceeded  to  St. 
Louis,  and  entered  the  office  of  Edward  Hempstead  as  a 
student  at  law.  After  completing  his  studies  he  was  ad- 
mitted to  the  bar,  and  located  at  old  Franklin,  in  Howard 
County.  After  practicing  there  about  two  years  he  returned 
to  Washington  County,  and  settled  at  Potosi. 

At  the  first  session  of  the  General  Assembly  after  the  or- 
ganization of  the  state  government,  in  1821,  Mr.  Brickey  was 
chosen  secretary  of  the  Senate.  At  the  election  which  re- 
sulted in  the  elevation  of  Mr.  Monroe  to  the  presidency,  Mr. 
Brickey  was  chosen  elector,  and  gave  his  vote  for  Monroe 
and  Tompkins.  He  also  represented  Washington  County 
several  times  in  the  Legislature,  and  for  about  eighteen  years 
was  prosecuting  attorney  for  the  Ninth  Judicial  Circuit. 

Mr.  Brickey  had  some  experience  in  military  life,  having, 
in  1812,  joined  the  Rangers,  a  body  of  men  sent  out  by  the 
government  to  protect  the  settlers  from  the  ravages  of  the 
Indians,  who  had  been  instigated  by  the  British  government 


I02  BENCH  AND  BAR    OF  MISSOURI. 

to  deeds  of  violence  and  cruelty.  Mr.  Brickey  received  a 
pension  from  the  government,  which  was  paid  him  regularly 
till  his  death. 

After  becoming  too  far  advanced  in  years  to  continue  the 
practice  of  the  law,  he  moved  to  a  small  farm  in  St.  Louis 
Count}',  and  after  remaining  there  a  few  years  went  to  St. 
Louis,  where  he  died  in  1872,  in  the  eighty-first  year  of  his 
age. 

When  we  saw  him  last  he  presented  a  most  patriarchal 
appearance  ;  his  hair  falling  upon  his  shoulders,  and  his  beard 
reaching  nearly  to  his  waist,  and  both  perfectly  white. 

When  we  made  his  acquaintance,  in  1836,  he  was  then 
prosecuting  attorney  for  his  judicial  circuit,  but  we  never 
regarded  him  as  a  very  vigorous  prosecutor,  by  reason  of 
his  inability  to  withstand  the  appeals  to  his  mercy  and  clem- 
ency. Through  his  kindness  and  forbearance  many  a  pris- 
oner escaped  who  well  deserved  severe  punishment.  He  was 
a  kind-hearted  man,  and  as  free  from  guile  as  a  child.  As 
a  speaker  he  was  fluent  and  pleasant,  but  seldom  attempted 
a  close,  logical  argument.  He,  however,  had  the  faculty  of 
impressing  a  jury  with  a  sense  of  his  great  candor  and 
earnestness,  and,  if  it  became  necessary  to  invoke  their 
sympathy,  could  shed  tears  and  weep  without  an  effort  —  in 
fact,  his  tears  would  flow  as  naturally  as  water  from  a  fount- 
ain-head. In  this  way  he  once  victimized  us  to  our  heart's 
content. 

Dr.  ]\L,  a  man  t)f  wealth  and  a  kind  and  estimable  citizen, 
loaned  a  horse  to  one  H.,  out  of  pure  charity,  with  the  under- 
standing that  he  was  to  be  returned  in  a  i^w  weeks;  but, 
instead  of  returning  him,  he  sold  him  for  a  mere  trifle  to  a 
German  by  the  name  of  Coatjohn,  who  well  knew  that  it 
was  the  doctor's  property.  We  brought  suit  to  recover  him, 
and  upon  the  trial  established  our  title  beyond  question  ;  and 
the  only  proof  that  Mr.  Brickey,  who  was  retained  for  the 
defense,  made  was  that  Coatjohn  had  a  wife  and  eight  chil- 
dren, and  not  a  dollar  to  support  them  ;  and  that  his  only  re- 
liance for  bread  was  upon  making  a  little  corn  upon  a  small 
piece  of  rented  land.     The  instruction  of  the  court  left  the 


JOHN  S.  B RICKEY.  IO3 

jur}'  no  alternative  but  to  find  for  the  plaintiff.  Mr.  Brickey, 
however,  made  a  strong  appeal  to  the  jur}%  alluding  to  the 
doctor's  wealth  and  Coatjohn's  poverty,  and  wound  up  by 
exclaiming:  "Gentlemen  of  the  jury  !  Will  you  take  from 
poor  Coatjohn  his  only  horse,  and  his  only  means  of  making 
bread  for  his  poor  starving  children,  and  hand  it  over  to  this 
rich  Shylock,  who  has  not  a  child  in  the  world,  though  able 
to  support  a  hundred?  No,  gentlemen,  you  cannot  do  it. 
God  forbid  !  God  forbid  !"  and  down  he  sat,  sobbing  and 
crying  as  though  his  heart  would  break.  We  glanced  at  the 
jury,  saw  them  wiping  away  their  tears,  and  told  the  doctor 
his  horse  was  gone.  In  vain  did  we  direct  the  attention  of 
the  jury  to  the  facts  as  developed  by  the  evidence,  to  the  in- 
struction of  the  court,  to  the  oath  they  had  taken,  and  their 
duty  under  the  oath.  In  vain  did  we  insist  that  the  only 
issue  they  had  to  try  was  as  to  the  ownership  of  the  horse; 
that  not  an  iota  of  proof  had  been  given  to  sliow  any  title 
whatever  in  Coatjohn  ;  that  the  whole  thing  was  a  put-up 
job  to  swindle  the  doctor  out  of  his  horse;  that  it  was  not 
the  mere  value  of  the  horse  that  the  doctor  was  contending 
for,  but  he  did  not  wish  to  be  swindled  out  of  his  property  in 
such  a  manner.  We  told  them  that  they  must  not  expect  us 
to  cry,  as  the  value  of  the  property  was  not  sufficient  to  in- 
duce us  to  compete  with  Mr.  Brickey  in  that  respect.  Our 
speech  produced  no  visible  effect,  and  the  jury,  after  an  ab- 
sence of  five  minutes,  returned  a  verdict  for  the  defendant. 
Mr.  Brickey  gained  his  case,  and  the  doctor  lost  his  horse. 

Mr.  Brickey  raised  a  large  family,  and  was  greatly  esteemed 
throughout  life.  He  was  a  very  small  man,  not  exceeding  in 
stature  five  feet  three  inches,  and  always  rode  a  very  large 
horse,  which  gave  him,  in  the  saddle,  rather  a  ludicrous 
appearance.  He  gave  as  a  reason,  that  it  enabled  him  to  ford 
streams  and  rivers  with  greater  facility  ;  but  the  real  cause 
was,  no  doubt,  his  love  of  contrast,  for  he  displayed  the  same 
taste  in  his  marriage,  as  he  united  himself  with  a  very  large 
lady,  and  physically  much  his  superior. 


JOSIAH    SPALDING. 

No  institution  of  learning  in  this  country  has  been  so 
proHfic  in  furnishing  able  men  to  the  different  professions  as 
old  Yale;  and  among  those  sent  to  the  far  West  was  Josiah 
Spalding,  who  graduated,  about  1817,  with  the  first  honors  of 
the  institution. 

Mr.  Spalding  was  a  native  of  Connecticut,  and  after  leav- 
ing Yale  became  a  tutor  in  Columbia  College,  New  York, 
and,  while  teaching,  pursued  the  study  of  the  law. 

In  the  winter  of  1819-20  he  removed  to  St.  Louis,  where 
he  entered  upon  the  practice  of  his  profession.  For  a  short 
period  he  was  connected  with  the  editorial  department  of 
the  Missouri  Gazette,  then  published  by  Edward  Charless. 
Though  a  strong  and  vigorous  writer,  he  had  little  relish  for 
political  strife,  and  soon  relinquished  the  editorial  chair  to 
devote  himself  to  the  duties  of  his  profession ;  and  in  a  short 
time  acquired  a  large  and  lucrative  practice,  which  enabled 
him  to  accumulate  a  fair  competency.  Mr.  Spalding  ranked 
among  such  men  asGeyer,  Gamble,  Bates,  and  Leonard.  It 
has  been  said  that  his  chief  excellence  was  as  a  case  lawyer, 
but  this  is  a  wide  mistake ;  for  he  had  a  logical,  mathematical, 
and  discriminating  mind  —  qualities  that  are  always  wanting 
in  a  mere  case  lawyer.  The  error  doubtless  arose  from  the 
fact  that  he  was  prolific  in  authorities  —  always  ready  to  sus- 
tain any  position  he  advanced  by  reference  to  well-adjudged 
cases;  but  he  used  them  as  a  means  of  success,  and  his 
love  of 'research  and  investigation  placed  them  at  his  com- 
mand. His  briefs  in  the  Supreme  Court  were  not  surpassed 
by  those  of  any  other  lawyer,  and  always  commanded  the 
closest  attention  ;  for  lie  never  cited  a  case  in  which  there 
was  a  mere  apparent  analogy,  but  selected  such  as  squarely 
met  the  question  involved,  and  which  were  founded  upon 
reason  and  principle. 


J  OS  I  AH  SPALDING.  IO5 

Like  Judge  Ezra  Hunt,  Mr.  Spalding  had  no  taste  for 
public  life,  and  avoided,  rather  than  sought,  popular  applause. 
Though  a  very  decided  man  in  his  political  tenets,  he  seldom 
mixed  with  the  people,  and  was  but  little  known  by  them. 
Domestic  and  retiring,  he  lived  in  the  midst  of  his  immediate 
family,  to  whom  he  was  devotedly  attached,  and  who  in 
return  almost  idolized  him.  He  married  an  accomplished 
lady,  who  still  survives  him. 

Mr.  Spalding  was  a  true  and  consistent  Christian,  prac- 
ticing what  he  preached,  and  making  his  life  comport  with 
his  profession.  He  was  a  good  man  without  being  a  great 
man,  and  his  heart  never  failed  to  respond  to  the  calls  of 
charity  and  benevolence.  At  this  day  his  name  is  never 
mentioned  among  those  who  knew  him  without  eliciting 
words  of  praise  and  commendation. 

In  alluding  to  his  Christian  life,  we  are  reminded  of  a  pop- 
ular delusion  which  has  been  attached  to  the  public  mind 
from  time  immemorial,  and  that  is  that  a  successful  lawyer 
cannot  be  a  consistent  Christian.  It  is  one  of  those  popular 
errors  that  are  most  difficult  to  disprove,  because  unsustained 
by  reason  or  experience,  and  presenting  no  ground  for  dis- 
cussion. Not  the  shadow  of  a  reason  can  be  given  why  a 
lawyer  should  ever  be  required  to  resort  to  any  act  not  con- 
sistent with  truth  and  propriety.  The  law  itself  is  based 
upon  reason  and  good  morals,  and  exacts  from  every  citizen 
a  strict  compliance  with  every  duty  necessary  to  the  welfare 
and  happiness  of  mankind.  And  history  teaches  us  that 
some  of  the  greatest  promoters  of  the  Christian  religion  were 
to  be  found  among  the  brightest  ornaments  of  the  legal  pro- 
fession. The  greatest  of  American  lav/yers,  Daniel  Webster, 
though  not  given  to  any  outward  exhibition  of  religious 
feeling,  has  left  upon  record  his  high  appreciation  of  the 
Christian  religion,  and  the  necessity  of  a  proper  observance 
of  the  Sabbath  and  the  ordinances  of  the  Church.  Peter 
Harvey,  in  his  reminiscences  of  Mr.  Webster,  publishes  an 
extract  from  one  of  his  letters  to  Charles  W.  Ridgely,  Esq., 
secretary  of  a  society  organized  to  promote  the  better 
observance  of  the  Sabbath,  in  which  Mr.  Webster  said : 


I06  BENCH  AND   BAR   OF  MISSOURI. 

"The  longer  I  live  the  more  highly  do  I  estimate  the  importance  of  a 
proper  oliservance  of  the  Christian  Sabbath,  and  the  more  grateful  do  I  feel 
toward  those  who  take  pains  to  impress  a  sense  of  this  importance  on  the 
community.  The  Lord's  Day  is  the  day  on  which  the  gospel  is  preached.  It 
is  the  day  of  ]iul)lic  worship  throughout  the  Christian  world  ;  and  althcjugh  we 
live  in  a  reading  age,  and  in  a  reading  community,  yet  the  preaching  of  the 
gospel  is  the  human  agency  which  has  Ijeen,  and  still  is,  the  most  efficaciously 
employed  for  the  good  of  men.  That  the  poor  had  the  gospel  preached  to 
them  was  an  evidence  of  His  mission  which  the  Author  of  Christianity  him- 
self proclaimed;  and  to  the  public  worship  of  the  Deity,  and  to  the  preach- 
ing of  the  gospel,  the  observance  of  the  Sabbath  is  obviously  essential." 

Mr.  Harvey  also  says  that  at  a  private  dinner-part}'  in  New 
York  Mr.  Webster  was  asked  what  was  the  most  important 
thought  that  ever  occupied  his  mind ;  and  his  reply  was : 
"  The  most  important  thought  that  ever  occupied  my  mind 
was  that  of  my  individual  responsibility  to  God."  He  be- 
longed from  his  boyhood  to  the  orthodox  Congregational 
church. 

The  same  reverence  for  the  religion  of  our  fathers  has 
been  entertained  by  the  legal  profession  throughout  the 
Christian  world.  We  cannot  deny  the  almost  universal  prev- 
alence of  the  opinion  among  mankind  that  a  lawyer  may 
utter  a  falsehood  without  incurring  the  opprobrium  that 
would  attach  to  a  person  of  a  different  vocation.  This  is 
well  exemplified  in  a  good  story  we  clipped  out  of  a  paper. 

It  appears  that  there  had  been  rumors  afloat  of  a  scan- 
dalous nature  concerning  the  relations  existing  between 
a  well-known  Cincinnati  woman  of  great  beauty,  but  of 
doubtful  virtue,  and  the  two  gentlemen  in  question.  One 
day  the  lawyer,  upon  hearing  those  rumors  for  the  first  time, 
became  very  much  agitated,  and  forthwith  rushed  into  the 
private  office  of  the  banker,  and  in  a  state  of  great  excite- 
ment told  the  banker  what  he  had  heard. 

"Well,  Judge,"  said  the  banker,  "what  do  you  propose  to 
do  about  it  ?  " 

"Do  about  it?"  retorted  the  lawyer,  "  Why,  sir,  deny  it. 
B}'  G — d,  sir,  deny  it." 

"  Let  us  see  about  that,"  said  the  banker.  "  Now,  you 
are  a  lawyer,  and  I  am  a  banker.      It  may  do  very  well  for 


J  OS  I  AH  SPALDING.  XOJ 

you  as  a  lawyer  to  deny  it,  but  as  a  banker  I  consider  my 
reputation  for  truth  and  integrity  of  more  consequence  to 
me  than  my  character  for  chastity." 

As  a  commercial  lawyer  Mr.  Spalding  had  no  superior,  if 
any  equal,  at  the  St.  Louis  bar;  for  though  he  did  not  make 
that  branch  of  the  law  a  specialty,  still  most  of  his  business 
grew  out  of  commercial  transactions.  The  early  Reports 
of  our  Supreme  Court  are  replete  with  his  briefs,  and  to 
show  his  great  power  of  research,  reference  is  made  to  one 
of  them  filed  by  him  in  cause  of  Hamilton  and  Treat, 
Judges,  vs.  Saint  Louis  County  Court,  reported  in  the  15th 
Missouri  Reports,  page  3.  By  act  of  the  General  Assembly 
of  March  3,  185  i,  it  was  provided  : 

"  Sec.  I.  That  the  County  Court  of  St.  Louis  County  is  hereby  authorized 
and  required  to  pay  out  of  the  county  treasury  of  St.  Louis  County  to  the 
judge  of  the  St.  Louis  Circuit  Court,  the  judge  of  the  St.  Louis  Court  of  Com- 
mon Pleas,  and  the  judge  of  the  St.  Louis  Criminal  Court,  each,  such  sum,  in 
addition  to  the  amount  now  allowed  to  such  judge  by  law,  as  will  make  the  total 
amount  of  compensation  received  by  said  judge  not  to  exceed  the  sum  of  three 
thousand  dollars. 

"  Sec.   2.   The  additional  compensation  herein   provided  for  shall  be  paid  at 
the  same  stated  periods  as  the  salary  of  said  judges  respectively  are  now  paid 
•by  law." 

The  County  Court,  regarding  the  act  as  unconstitutional, 
refused  to  comply  with  it;  whereupon  the  judges  applied  to 
the  Supreme  Court  for  a  niandavnts  to  compel  the  County 
Court  to  audit  and  allow  the  claim,  and  a  conditional  nia/i- 
daiinis  was  awarded.  The  County  Court  made  return  to  the 
writ  —  among  other  grounds  —  that  the  act  of  the  Legisla- 
ture was  unjust,  oppressive,  void,  repugnant  to  our  system  of 
government,  and  unconstitutional ;  and  that  the  payment  of 
money  to  the  judges  out  of  the  County  treasury  would  be  a 
misapplication  of  the  county  treasure,  intrusted  by  law  to 
the  administration  of  the  court."  A  peremptory  nnn/uiaunis 
was  asked  for,  and  the  constitutional  question  raised  by  the 
return  of  the  County  Court  was  thus  brought  directly  before 
the  Supreme  Court.  The  most  eminent  counsel  at  the  bar 
were  retained  in  the  case,  and  the  constitutional  question 
discussed  at  great  length  by  Mr.  Spalding  and   R.  M.  Field 


I08  BENCH  AND  BAR   OF  MISSOURI. 

for  the  relators,  and  Edward  Bates  and  Thomas  T.  Gantt  for 
the  County  Court. 

It  is  not  our  purpose  to  enter  into  a  discussion  of  the 
merits  of  the  case,  but  simply  to  direct  the  attention  of  the 
reader  to  the  voluminous  and  exhaustive  brief  of  Mr.  Spald- 
ing, which  exhibits  in  a  marked  degree  his  great  powers  of 
research  and  investigation,  and  his  capacity  to  deal  with  an 
important  constitutional  question. 

Mr.  Spalding  made  no  pretensions  to  oratory,  and  his  style 
of  speaking  was  purely  conversational.  He  was  a  very 
laborious  man,  prepared  his  cases  thoroughly,  and  rarely  had 
occasion  to  crave  the  indulgence  of  the  court.  He  ^\rote 
with  great  facility,  was  a  fine  special  pleader,  and  it  was  not 
often  that  a  declaration  or  plea  filed  by  him  required  an 
amendment. 

Our  acquaintance  with  Mr.  Spalding  was  very  limited; 
indeed,  we  never  saw  him  \\hile  engaged  in  an\-  important 
case,  and  hence  have  to  rely  upon  the  judgment  of  others  for 
a  proper  elucidation  of  his  professional  characteristics. 

Mr.  Spalding  was  one  of  those  men  that  the  public  always 
look  to  for  advnce  in  times  oi  peril  and  commotion,  for  he 
was  a  safe  counselor  —  never  led  astray  by  excitement  or. 
sudden  impulse,  nor  would  he  ev^er  permit  party  spirit  to 
interfere  with  his  sense  of  duty.  He  was,  in  fact,  one  oi 
those  men  whose  great  usefulness  is  never  appreciated  until 
death  takes  them  from  our  midst. 

Mr.  Spalding  was  a  very  hopeful  man,  and  never  indulged 
in  those  gloomy  forebodings  that  are  common  after  any 
great  public  disaster.  He  believed  that  Providence  regulated 
everything  for  our  good,  and  that  in  times  of  adversit}'  we 
should  be  consoled  with  the  hope  of  a  better  day.  This 
hope  has  been  beautifully  described  by  Goldsmith: 

"  Hope,  like  the  gleaming  taper's  light, 
Adorns  and  cheers  the  way ; 
And  still,  as  darker  grows  the  light, 
Emits  a  brighter  ray." 

He  died  leaving  a  large  family  to  mourn  his  loss. 


Philip  Cole. 

In  the  spring  of  1837  we  made  the  acquaintance  of  Phihp 
Cole,  John  S.  Krickey,  and  Mason  Frizell,  of  the  Washington 
County  bar,  all  of  whom  enjoyed  a^  fair  practice  and  pos- 
sessed a  large  influence  in  that  part  of  the  state. 

Mr.  Cole  was  born  in  Belmont  County,  Virginia,  February 
22,  1789,  and  studied  law  under  Allen  Taylor,  of  that  state, 
and  came  to  Potosi,  Missouri,  in  1820,  where  he  resided  dur- 
ing the  remainder  of  his  life.  Potosi  was  then  the  largest 
town  in  south-east  Missouri,  and  older  than  St.  Louis.  St. 
Genevieve,  St.  Charles,  Potosi,  and  St.  Louis  are  the  oldest 
settlements  in  the  state ;  St.  Genevieve  and  Potosi  being 
noted  for  their  wealth,  and  refined  society.  In  the  former 
lived  the  Vallcs,  Rosiers,  Seargants,  Scotts,  Menards,  Bogy, 
Dodge,  Jones,  St.  Gem,  and,  at  a  later  period,  Missouri's  popu- 
lar senator,  Dr.  Louis  F.  Linn  ;  while  in  the  latter,  then  called 
Mine  la  Burton,  resided  the  Austins,  Rectors,  Whites,  Caseys, 
Dunklins,  McElvains,  Bryants,  and  others.  Both  towns  were 
in  the  center  of  a  rich  mining  country,  and  exported  large 
amounts  of  lead ;  and  as  mining  is  always  a  fruitful  source 
of  litigation,  it  is  not  strange  that  many  lawyers  settled  there 
in  preference  to  St.  Louis,  which  in  that  day  was  scarcely 
more  than  a  mere  French  village. 

Philip  Cole  was  one  of  the  most  profound  lawyers  in  the 
state,  and  as  a  special  pleader  had  no  superior  —  indeed,  it 
was  claimed  by  his  co-laborers  in  the  law  that  upon  all 
questions  of  pleading  he  was  as  good  authority  as  old  Chitty 
himself.  He  was  a  laborious  student,  and  owned  the  best 
law  library  south  of  St.  Louis,  consisting  of  about  400  vol- 
umes of  well-selected  books  of  the  then  latest  editions, 
embracing  not  only  most  of  the  text-books,  but  the  leading 
American  and  English  chancery  and  common-law  reports, 
all  of  which  he  kept  under  lock  and  key,  and  never  would 


no  BENCH  AND   BAR    OF  MISSOURI. 

permit  one  to  go   out  of  liis  office   unless   under  the   most 
imperious  necessity. 

In  declamation  lie  was  very  deficient,  and  rarely  attempted 
a  speech,  even  to  a  jury  —  his  main  reliance  being  his  skill 
in  pleading,  and  his  ingenuity  in  drawing  instructions.  His 
want  of  adroitness  in  addressing  a  jury  gave  rise  to  an  amus- 
ing incident  which  we  witnessed.  A  boy  by  the  name  of  P., 
about  seventeen  years  of  age,  and  belonging  to  a  noted  fam- 
ily of  horse-thieves,  tvvo  of  whom  were  then  in  the  peniten- 
tiar}',  was  indicted  for  grand  larceny,  an  offense  which  then, 
as  now,  consisted  under  the  statute  of  feloniously  stealing 
and  carr}'ing  awa}^  property  of  the  value  of  $10  or  more. 
The  boy  was  smart,  shrewd,  and,  for  his  age,  well  educated  in 
crime.  His  father  emplo}'ed  Mr.  Cole  to  defend  him.  The 
state  made  out  a  strong  case,  leaving  his  counsel  no  possible 
ground  upon  which  to  predicate  a  defense.  But  it  occurred 
to  Mr.  Cole  that  if  he  could  impress  the  jury  with  the  belief 
that  his  client  was  iion  compos  mentis,  or  at  least  so  deficient 
in  intellect  as  to  be  incapable  of  distinguishing  between 
right  and  wrong,  he  might  possibly  produce  an  acquittal  or 
a  hung  jury;  and,  acting  upon  this  idea,  he  addressed  the 
jury,  first  having  obtained  from  the  court  an  ingenious 
instruction  applicable  to  such  a  defense.  He  stated  that 
several  of  the  boy's  ancestors  had  died  from  insanity,  and 
that  the  boy  himself,  on  divers  occasions,  had  given  his 
parents  serious  apprehensions  that  he  would  probably  take 
the  same  direction  ;  that  witnesses  had  been  summoned  to 
prove  acts  and  conduct  that,  even  for  his  age,  exhibited 
almost  an  entire  want  of  mental  capacity,  but  his  client  was 
without  means,  and  unable  to  compel  their  attendance. 
"Why,"  said  he,  "gentlemen  of  the  jury,  you  can  see  from 
his  very  appearance  that  he  has  no  sense."  Scarcely  had  the 
word  "sense"  left  his  lips,  when  the  boy  rose  and  told  the 
jury  that  he  had  just  as  much  sense  as  Mr.  Cole,  and,  rather 
than  be  acquitted  on  the  ground  of  being  a  fool,  he  preferred 
spending  the  balance  of  his  days  in  h — 1  or  the  penitentiary. 
In  an  instant  the  court,  jury,  and  spectators  burst  out  in 
tumultuous  laughter,  in  the  midst  of  which  Mr.  Cole  picked 


PHILIP   COLE.  I  I  I 

up  his  hat  and  left  the  court-room,  a  thoroughly  disgusted 
man.  But  the  event  saved  the  boy;  for  the  jury  were  so 
pleased  that  they  found  him  guilty  simply  of  petit  larceny, 
though  the  proof  made  a  clear  case  of  grand  larceny.  There 
being  no  sufficient  jail  in  the  county,  the  judge  directed  the 
sheriff  to  take  him  to  his  farm,  work  him  a  month,  and  then 
turn  him  loose. 

Mr.  Cole,  though  undoubtedly  a  man  of  integrity,  would 
sometimes  resort  to  a"  mode  of  practice  very  reprehensible. 
He  would  quote  decisions  which  had  never  been  made,  and 
cite  authorities  that  existed  only  in  his  imagination  —  not 
unfrequently  quoting  book  and  page  ;  but  the  book  was  one 
which  he  supposed  could  not  be  produced,  and  in  this  way 
he  would  sometimes  succeed  in  imposing  on  a  stupid  court. 

He  was  certainly  an  admirable  case  lawyer,  and  his  briefs 
in  the  Supreme  Court  indicated  much  research  and  legal 
acumen,  and  no  little  familiarity  with  the  rulings  of  the 
Federal  and  state  courts.  Like  Rufus  Choate,  of  Boston, 
he  could  scarcely  ever  read  his  own  handwriting,  and  the 
lawyers  gave  him  no  little  annoyance  by  calling  upon  him, 
in  open  court,  to  do  so.  He  sometimes  said,  by  way  of 
apology,  that  any  lawyer  who  could,  was  deficient  in  learn- 
ing. It  bore  some  resemblance  to  a  Chinese  inscription 
upon  an  ancient  tablet ;  but  it  gave  him  one  advantage,  for, 
when  assailed  by  criticism,  he  could  give  it  any  interpreta- 
tion that  suited  him. 

He  died  in  Potosi,  August  i,  1862,  in  his  seventy-first  year. 
For  some  time  immediately  preceding  his  death  he  was 
afflicted  with  softening  of  the  brain,  involving  a  total  loss  of 
memory,  particularly  with  reference  to  names.  He  was  un- 
able to  call  by  name  some  of  the  members  of  his  own  family. 
This  strange  mental  disorder  did  not  seem  at  first  to  have 
any  visible  effect  upon  his  physical  organization,  for  he  con- 
tinued strong  and  robust  till  within  a  few  weeks  of  his  death. 

It  was  often  said  that  Mr.  Cole  was  wanting  in  candor  and 
sincerity,  but,  though  practicing  in  the  same  courts  with  him 
many  years,  we  failed  to  observe  it.  We  recall,  however,  one 
amusing  incident  that  might  be  taken,  unexplained,  as  evi- 


112  BENCH  AND   BAR    OF  M ISSOl'R I. 

dence  of  it.  A  lawyer — whom  we  will  designate  as  Mr.  J. — 
re.siding  in  the  same  circuit,  and  on  friendly  terms  with  Mr, 
Cole,  was  once  on  his  way  to  Potosi  to  attend  court,  and  was. 
riding  in  company  with  a  gentleman  by  the  name  of  T.,  who 
was  also  an  old  acquaintance  and  client  of  Mr.  Cole.  When 
within  a  few  miles  of  Potosi,  Mr.  J.  suggested  that  as  Mr. 
Cole  had  often  invited  him  to  call  and  spend  a  night  with 
him,  and  as  it  was  getting  late,  they  would  give  him  a  call;, 
the  propriety  of  which  Mr.  T.  acquiesced  in,  saying  he  also 
had  often  received  a  similar  invitation.  When  they  reached 
Mr.  Cole's  residence,  which  was  on  the  main  road,  and  within 
two  miles  of  Potosi,  they  dismounted  at  the  gate,  and, 
throwing  their  saddle-bags  over  their  shoulders,  started  for 
the  house,  which  was  about  seventy  yards  distant.  Mr.  Cole 
saw  them  from  his  porch  and  met  them  half  way,  and  the  fol- 
lowing took  place  :  "Very  glad  to  see  you,  gentlemen.  On 
your  way  to  Potosi,  I  presume  ;  but  little  over  a  mile  ;  will 
get  there  before  dark.  But  you  must  be  careful  not  to  miss, 
the  road  ;  it  forks  near  the  corner  of  my  field.  But  to  avoid, 
any  mistake  I  will  walk  that  distance  with  you,  and  put  you 
on  the  right  track."  And  suiting  the  action  to  the  word,, 
he  led  them  to  the  appointed  place,  and,  bidding  them  good- 
night, returned  to  his  house.  The  truth  no  doubt  was  that 
he  had  a  dislike  for  T. 

He  was  a  large,  athletic  man,  and  seldom  failed  to  attend 
all  the  courts  of  his  circuit.  Mr.  Cole  displayed  much  inge-. 
nuity  in  collecting  his  fees,  though  his  charges  were  usually 
very  moderate.  A  man  once  called  upon  him  to  get  a  con- 
tinuance in  a  suit  upon  a  promissory  note.  Under  the  law 
then  in  force,  if  a  plea  was  filed,  and  verified  by  affidavit,  the 
defendant  was  entitled  to  one  continuance.  Mr.  Cole  asked 
him  if  he  had  any  defense  to  the  action,  and  received  for  a. 
reply  "  that  he  had  not,"  but  that  it  w  as  very  iiicoiivcnieiit  for 
him  to  pay  the  debt  at  that  time.  "  All  right,"  said  Mr.. 
Cole,  "hand  me  $\0,  and  I  will  file  a  plea."  He  received, 
the  $io,  and  drew  up  the  following  plea  :  "  Now  at  this  day 
comes  said  defendant  and  says  upon  his  solemn  oath  that  it 
is  not  co7ivetiient  for  him  to  pay  said  debt  at  this  time."     The- 


rniLjr  cole.  113 

plea  was  sworn  to  and  filed,  and  the  lawyer  who  brought 
the  suit,  neglecting  to  examine  the  plea,  paid  no  further 
attention  to  the  case,  and  it  was  continued. 

Mr.  Cole  and  Mr.  B.  were  employed  to  bring  a  suit  for 
trespass  to  land,  and  after  a  tedious  trial  obtained  a  judgment 
for  ^45,  which  amount  was  paid  to  them,  each  taking  $20, 
and  leaving  ^5  for  their  client.  The  fact  was,  their  services 
were  of  much  greater  value,  but  the  client  complained  bitterly 
that  his  lawyers  had  eaten  the  turkey  and  left  him  the  bones 
to  pick. 

This,  however,  is  not  half  as  bad  as  the  case  mentioned 
by  Edwards,  in  his  "  Pleasantries,"  where  a  witty  lawyer 
was  stopped  by  a  man  holding  a  bank-note  for  $5  in  his 
hand,  with,  "Mr.  G.,  pray  give  me  your  opinion  on  this  bill; 
is  it  a  good  one?"  Mr.  G.  carefully  examined  it,  and  then 
said  :  "  Yes,  it  is  a  good  bill,"  at  the  same  time  deliberately 
putting  it  in  his  pocket.  The  interrogator  expressed  his 
thanks,  and  asked  him  to  return  the  note  ;  but  all  he  got 
was  :    "  I  never  give  an  opinion  under  $5." 

Mr.    Cole    raised    a    large   family,  several    of    whom    still 
survive  him. 
8 


John  Scott. 

Among  the  prominent  public  men  of  Missouri  who  figured 
both  before  and  after  the  state  organization  was  John  Scott, 
of  St.  Genevieve,  a  lawyer  and  politician  of  considerable 
eminence.  He  was  born  in  Hanover  County,  Virginia,  about 
the  year  1782,  and  graduated  at  Princeton  in  1802.  He  came 
West  soon  after  graduating,  and  located  in  Indiana;  and  in 
1804  came  to  Missouri,  and  entered  upon  the  practice  of  the 
law  in  St.  Genevieve,  where  he  remained  until  his  death. 

In  18 17  he  was  chosen  as  a  delegate  in  Congress  from 
Missouri  Territory,  and  upon  the  admission  of  Missouri  as 
a  state  was  elected  to  the  Federal  House  of  Representatives, 
the  state  being  entitled  to  but  one  member. 

At  one  time  he  was  as  popular  and  almost  as  prominent  in 
the  state  as  Colonel  Benton,  but  the  unfortunate  vote  which 
he  gave  in  the  contest  for  the  presidency  between  Jackson 
and  Adams,  in  1 824,  drove  him  from  public  life,  and  destroyed 
his  usefulness  as  a  public  man.  He  was  the  only  represent- 
ative from  Missouri,  and  gave  the  vote  of  the  state  to  Mr. 
Adams,  contrary  to  the  wishes  of  his  constituents,  and 
against  the  expostulations  of  his  most  intimate  personal  and 
political  friends.  Mr.  Scott  was  a  warm  admirer  of  Mr.  Clay, 
who  no  doubt,  to  some  extent,  influenced  his  opinion.  That 
he  sincerely  believed  that  it  was  not  good  policy  to  elevate 
to  the  office  of  chief  magistrate  a  military  man,  and  that 
Mr.  Adams,  in  his  opinion,  possessed  in  a  higher  degree  the 
qualifications  of  a  statesman,  is  no  doubt  true;  but  he  should 
have  recollected  that  he  was  not  casting  his  own  vote,  but 
that  of  his  state,  and  should  have  conformed  his  action  to 
what  he  must  have  known  was  the  wish  and  will  of  the  peo- 
ple. He  made  no  further  effort  at  political  promotion,  but 
spent  the  remainder  of  his  life  in  the  practice  of  the  law. 

We  met  Mr.  Scott  at  the  Washington  and  St.  Genevieve 


JOHN  SCOTT.  I  15 

courts  several  times.  He  was  then  in  full  practice,  and  in 
the  full  vigor  of  his  intellect,  and  stood  unquestionably  at 
the  head  of  the  bar  in  his  circuit.  He  made  no  effort  at 
forensic  display,  but  was  a  strong,  logical,  and  impressive 
speaker.  He  was  also  a  man  of  quick  perception  and  un- 
bounded resources,  which  he  could  always  command  in  a 
sudden  emergency,  as  the  following  incident  will  illustrate  : 
General  Dodge,  who  became  noted  for  his  services  in  the 
Black  Hawk  War,,  and  Jack  Smith  T.,  a  very  noted  man  in 
Washington  County,  who  had  fought  several  duels  and  killed 
five  or  six  men,  were  involved  in  a  personal  difficulty,  and 
went  armed  to  the  teeth  in  anticipation  of  a  meeting.  Both 
were  desperate  and  fearless,  and  it  was  well  known  that  if 
they  ever  met  it  would  result  in  the  death  of  one  or  both. 
By  the  merest  accident  they  arrived  in  St.  Genevieve  on  the 
same  day,  and  about  the  same  hour,  but  fortunately  put  up  at 
different  hotels.  Mr.  Scott  had  business  with  Smith,  and  a 
specified  time  was  agreed  upon  for  a  meeting  at  Scott's  office ; 
but,  near  the  time,  Dodge  called  to  see  Scott,  and  as  soon  as 
he  entered  the  office  Scott  remarked  to  him,  "General,  you 
had  better  leave,  for  I  am  expecting  every  minute  Jack  Smith 
T."  Dodge,  not  wishing  that  his  friend's  office  should  be 
the  scene  of  a  personal  encounter,  said  he  thought  so,  too, 
and  was  in  the  act  of  taking  up  his  hat,  when  Scott  heard  the 
step  of  Smith  approaching  his  office,  and,  as  there  was  no 
time  for  Dodge  to  escape,  immediately  opened  the  door, 
and  taking  Smith  by  the  arm  led  him  to  Dodge,  and  said, 
"  Colonel  Sn^ith,  permit  me  to  introduce  you  to  my  friend. 
General  Dodge,"  whereupon  both  bowed  politely,  and  Dodge 
remarked,  "  I  presume,  gentlemen,  you  have  business  to- 
gether, and  I  will  call  at  another  time,"  and  left  the  office. 
The  ingenuity  of  Scott,  and  his  remarkable  presence  of  mind, 
enabled  him  to  prevent  his  premises  from  being  the  scene  of 
a  bloody  tragedy. 

He  was  a  man  of  medium  size,  quick  and  active  in  his 
step,  and  very  rapid  in  his  enunciation.  He  always  wore  a 
cloth  cap  which  almost  covered  his  eyes,  and  no  one  ever 


Il6  BENCH  AND  BAN   OF  MISSOUKT. 

saw  him  with  pantaloons  that  were  not  four  times  too  large 
for  him.  In  his  attendance  upon  court  he  carried  a  large 
bag  made  of  green  baize,  in  which  he  placed  his  papers  ; 
and  that  bag  accompanied  him  wherever  he  went,  even  to 
the  table,  or  on  a  visit  to  a  friend.  They  were  one  and  in- 
separable. The  custom  so  common  among  English  lawyers 
and  barristers,  of  carrying  green  bags  in  Westminster  Hall 
and  the  provincial  courts,  dates  back  to  an  early  period  ;  for, 
according  to  Jeafferson,  angry  clients  in  the  time  of  Charles 
II.  were  accustomed  to  revile  their  lawyers  as  "green  bag 
carriers''  In  Queen  iVnne's  time,  to  say  that  a  man  intended 
to  carry  a  green  bag  was  the  same  as  saying  that  he  meant 
to  adopt  the  law  as  a  profession.  Mr.  Jeafferson,  in  his  ad- 
mirable and  interesting  work  on  lawyers,  quotes  the  follow- 
ing passage  from  Dr.  Arbuthnot's  "  History  of  John  Bull,"  to 
show  the  prevalence  of  the  phrase : 

"  I  am  told,  Cousin  Diega,  you  are  one  of  those  that  have 
undertaken  to  manage  me,  and  that  you  have  said  you  will 
carry  a  green  bag  yourself  rather  than  we  shall  make  an  end 
of  our  lawsuit.     I'll  teach  them,  and  you  too,  to  manage." 

The  green  bag  was  regarded  as  a  badge  of  honor,  and  the 
privilege  of  carrying  it  confined  to  a  certain  class  of  solicit- 
ors. In  our  own  state  we  have  no  recollection  of  its  being 
a  constant  habit  with  any  lawyers  except  John  Scott  and 
Edward  Bates;  but  it  is  more  than  probable  that  many 
others  followed  the  same  practice. 

In  his  intercourse  with  others,  Mr.  Scott  was  pleasant  and 
entertaining,  and  took  great  delight  in  recounting  the  scenes 
of  his  youth  and  early  manhood.  Though  an  honorable 
man,  he  had  his  faults  and  frailties,  among  which  was  the 
habit  of  using  profane  language  on  all  occasions,  even  in  the 
society  of  ladies.  Like  a  certain  senator  whose  name  it  is  un- 
necessary to  give,  he  could  not  control  it.  It  was  said  of  the 
senator  that  on  one  occasion,  when  he  arose  to  address  the 
Senate,  one  of  his  friends,  a  Southern  senator,  requested  him 
to  yield  for  a  moment,  as  he  held  in  his  hand  a  resolution 
which  required  the  immediate  action  of  the  Senate ;  and  he 


JOHN  SCOTT.  I  17 

at  once  offered  a  resolution  to  suspend,  until  the  senator 
from finished  his  speech,  the  rule  of  the  Senate  forbid- 
ding profanity  in  debate.  Neither  could  make  a  grammat- 
ical speech  without  disobeying  the  third  commandment. 

Mr.  Scott  was  also  in  the  habit  of  carrying  pistols  and 
knives  about  his  person,  a  custom  which  he  probably  ac- 
quired in  early  life,  when  traveling  from  court  to  court  on 
his  circuit. 

In  18 17  he  was  chosen  delegate  to  Congress,  over  Rufus 
Easton,  by  the  following  vote  :  Scott,  2,406;  Easton,  2,014. 
When  the  returns  came  in  from  St.  Charles,  many  votes  were 
found  for  John  Scoot,  at  which  Scott  became  very  indignant, 
supposing  that  it  was  an  intentional  mistake  ;  but  the  vote 
was  counted  for  him,  and  no  difficulty  grew  out  of  it. 

After  he  had  passed  his  three  score  years  and  ten,  we 
often  met  him  at  the  Planters'  House  in  St.  Louis,  and  found 
him  a  most  agreeable  and  entertaining  gentleman.  He  took 
great  delight  in  referring  to  his  early  days,  and  the  early  set- 

9 

tlement  of  the  state,  and  recounted  to  us  manv  events  in  the 
pioneer  life  of  the  West  which  were  not  only  new  to  us,  but 
extremely  interesting  and  entertaining.  The  people  of  St. 
Genevieve  idolized  him,  and  cherish  his  memory  with  the  ut- 
most devotion  ;  for  he  was  a  man  of  the  highest  courage  and 
most  generous  and  noble  impulses.  He  encountered  several 
domestic  afflictions,  w'hich  doubtless  lessened  his  days.  He 
died  in  St.  Genevieve  in  1861,  in  his  eightieth  year.  He  left 
a  family. 


Ezra  Hunt. 

There  is  no  position  more  difificult  to  fill,  and  which  fur- 
nishes so  large  a  field  for  dissatisfaction  and  complaint,  as 
that  of  a  iiisi-prius  ]\idgQ\  and  it  is  gratifying  to  be  able  to 
name  one  whose  judicial  administration  was  the  subject  of 
universal  praise. 

Judge  Ezra  Hunt  for  many  years  presided  over  the  circuit 
comprising  the  counties  of  Pike,  Lincoln,  St.  Charles,  War- 
ren, Ralls,  and  Montgomery.  He  was  born  in  Milford, 
Massachusetts,  on  April  7,  1790,  and  entered  the  freshman 
class  at  Harvard  in  1812;  became  greatly  distinguished  in 
mathematics,  which  subject  was  assigned  him  at  commence- 
ment when  he  graduated. 

Upon  leaving  college  he  was  appointed  preceptor  of 
Leicester  Academy,  a  position  which  he  held  till  the  latter 
part  of  1 8 14,  when  he  returned  to  Cambridge  with  the  inten- 
tion of  studying  divinity,  but  was  soon  after  persuaded  to 
take  charge  of  an  academy  in  Pulaski,  Tennessee.  His 
health  failing  him  there,  he  determined  to  cross  the  Mis- 
sissippi, and  reached  St.  Louis  in  1 8 19  or  1820,  entered  the 
law-office  of  Judge  William  C.  Carr,  and  while  pursuing  his 
studies  became  tutor  to  the  judge's  children;  was  in  due 
time  admitted  to  the  practice  of  the  law,  and  soon  after 
settled  in  Louisiana,  then  the  county-seat  of  Pike  County, 
where  lie  remained  about  three  years,  when  he  removed  to 
St.  Charles. 

In  1831  he  returned  to  Pike,  and  in  1836  was  appointed 
judge  of  that  circuit,  the  duties  of  which  he  discharged 
many  years ;  then  returned  to  the  practice,  and  finally  died 
in  Tro}-,  Lincoln  County,  in  i860,  at  the  ripe  age  of  seventy 
years. 

It  will  thus  be  seen  that  Judge  Hunt  not  only  possessed  all 
the  advantages  of  a  classical  education,  but  was  a  diligent 


EZRA  HUNT.  I  I9 

student  throughout  hfe.  His  fondness  for  literary  pursuits, 
and  his  love  for  legal  research,  caused  him  to  accumulate  a 
fine  librar\',  by  the  use  of  which,  aided  by  a  discriminating 
and  logical  mind,  he  became  a  sound  lawyer  and  ripe  scholar. 
As  a  husband  and  father  he  was  kind  and  indulgent ;  and  as 
a  jurist,  learned,  just,  and  truer 

Our  acquaintance  with  Judge  Hunt  commenced  about 
1840,  at  Warrenton,  where  he  w^as  holding  a  term  of  his  court. 
It  was  under  circumstances  which  impressed  us  most  favor- 
ably towards  him.  We  had  been  retained  in  the  Franklin 
court  to  defend  a  man  charged  with  perjury,  and  upon  exam- 
ining the  indictment  found  it  substantially  defective,  but  did 
not  think  it  advisable  to  move  to  quash,  as  the  grand  jur}' 
was  in  session  and  another  indictment  was  certain  to  follow. 
We  therefore  deemed  it  gcfod  policy  to  apply  for  a  change 
of  venue,  and  the  case  was  sent  to  the  Warren  court.  There 
we  filed  our  motion  to  quash,  containing  eighteen  objections 
to  the  indictment.  The  next  morning  it  was  called  for  argu- 
ment, when  we  arose  and  read  it,  and  as  we  were  about  to  en- 
ter upon  the  argument,  Judge  Hunt  interrupted  us  with  the 
remark,  "  The  motion  is  sustained ;  for  any  indictment  which 
can  elicit  eighteen  olijeetions  must  be  fatally  defective ^  Thus 
I  lost  my  speech,  but  saved  m}-  client.  Whispering  to  a  law- 
yer near  us,  we  remarked,  "  How  does  he  know  that  the  in- 
dictment is  defective,  when  he  has  not  heard  it  read?  "  The 
reply  was,  "Never  you  mind;  he  knows  more  about  that 
indictment  than  you  suppose."  Seeing  a  smile  upon  the  face 
of  the  clerk  of  the  court,  we  asked  him  if  the  judge  had  seen 
the  indictment.  "  Why,"  said  he,  "  lie  took  it  to  his  room  last 
night,  and  kept  it  till  early  this  mor^iingl' 

It  has  been  said  by  some  that  he  was  wanting  in  dignity. 
This  no  doubt  grew  out  of  the  fact  that,  when  counsel  were 
engaged  in  a  long  and  tedious  argument  to  the  jury,  he 
would  frequently  leave  the  bench  and  take  a  seat  by  some 
old  farmer  in  the  audience  to  indulge  in  a  pleasant  conversa- 
tion ;  but  we  never  regarded  this  as  any  exhibition  of  a  want 
of  that  dignity  which  is  necessary  in  the  administration  of 
justice.      He  was  not  a  man  who  would  attempt  to  impress 


I20  BENCH  AND  BAR    OF  MISSOURI. 

an  audience  witli  ;i  sense  of  his  own  importance,  for  he  was 
ver\'  iinassiiining,  and  cared  notliing  for  office  except  so  far 
as  it  enabled  him  to  accomphsh  sometliing  for  the  pnbhc 
good. 

Judge  Hunt  had  no  pohtical  aspirations,  though  in  1845 
he  took  a  seat  in  the  Convention  called  to  revise  our  State 
Constitution  ;  but  that  was  more  of  a  judicial  than  polit- 
ical body  —  and  gave  a  wide  scope  to  the  exercise  of  his 
judicial  mind.  He  was  made  chairman  of  the  Judiciary 
Committee,  and  rendered  valuable  service  to  his  adopted 
state.  In  his  private  intercourse  he  was  social  and  genial, 
and  had  a  vivid  appreciation  of  the  humorous.  We  recol- 
lect upon  one  occasion,  when  a  most  ludicrous  scene  took 
place  in  the  court-room,  he  left  the  bench,  went  to  tlie  rear 
of  the  court-house,  and  laughed  till  his  very  sides  shook. 
He  loved  a  good  joke,  and  could  take  as  well  as  perpetrate 
one.  The  sallies  of  wit  that  often  passed  between  lawyers, 
and  sometimes  between  the  bench  and  the  bar,  he  relished 
hugely. 

In  the  latter  part  of  his  life  he  was  much  troubled  with 
weakness  of  his  eyes,  and  when  unable  to  read  would  cause 
others  to  read  for  him.  He  was,  in  fact,  what  is  termed  in 
common  parlance  a  book-worm  ;  and  to  take  from  him  the 
pleasure  of  reading,  or  hearing  others  read,  was  to  deprive 
him  of  one  of  the  chief  enjoyments  of  life. 

One  of  his  chief  characteristics  was  his  kindness  to  the 
younger  members  of  the  profession.  He  always  received 
them  on  terms  of  intimacv,  and  in  court  endeavored  to 
relieve  them  of  the  embarrassment  that  most  generally 
attends  a  young  practitioner.  It  was  a  pleasure  to  practice 
before  him,  and  it  was  seldom  that  an)'  one  ever  spoke  dis- 
respectfully of  his  rulings  or  decisions.  On  his  way  from 
the  court-room  to  the  hotel  he  was  accosted  every  i^w  steps 
by  some  old  farmer  who  desired  to  shake  hands  w  ith  him. 
In  fact,  he  was  a  universal  favorite  with  the  people,  and  fully 
justified  the  confidence  they  reposed  in  him. 

His  death  occurred  September  19,  i860,  and  was  very 
sudden.     He  was  at  the  time   engaged   in  a  ver}-  pleasant 


EZRA   HUNT.  121 

conversation  with  a  young  lady,  and  in  an  instant  fell  and 
expired.  Half  an  hour  before,  he  had  closed  a  speech  in 
the  court-house.  He  was  over  sri'aitj'  years  of  age,  and 
had  been  a  citizen  of  Missouri  about  forty  years. 

He  fulfilled  to  a  larger  extent  the  requirements  of  a  nisi- 
priiis  judge  than  any  one  before  whom  we  practiced  ;  and  it 
was  very  gratif}'ing  to  witness  the  kind  feeling  existing 
between  him  and  the  bar.  No  murmur  or  expression  of  dis- 
appointment followed  his  decisions,  and  very  few  indeed 
were  reversed  by  the  appellate  court. 

Judge  Hunt,  in  his  social  and  private  relations,  was  one  of 
the  best  men  we  ever  met.  He  was  never  heard  to  speak  in 
harsh  terms  of  any  one,  and  we  question  if  his  heart  ever 
bore  malice  to  an}-  living  being.  In  sentencing  criminals  he 
never  indulged  in  harsh  or  unfeeling  language,  but,  on  the 
contrary,  manifested  much  sympathy  for  their  unfortunate 
condition  —  more  particularly  if  the  offender  was  young  in 
years,  and  not  inured  to  crime. 

To  show  the  great  confidence  reposed  in  his  honesty  and 
uprightness,  we  give  an  incident  that  occurred  when  he  was 
at  the  bar.  An  elderly  lady  called  to  retain  him  in  a  case 
in  which  she  was  a  party,  and  commenced  to  relate  the  facts, 
when  Judge  H.  interrupted  her  by  saying,  "  Stop,  stop, 
madam  ;  I  am  sorry  to  say  that  I  am  already  engaged  by  your 
opponent,  and  am  not  allowed  to  acton  both  sides."  "  Why 
not?"  said  the  good,  confiding  woman  ;  "  I  want  nothing  but 
what  is  right,  and  I  know  you  will  not  do  an}-thing  that  is 
wrong;  so,  why  can  you  not  settle  this  matter  at  once  ?" 
It  is  said  when  he  looked  further  into  the  case  he  found  that 
there  was  really  no  substantial  ground  for  a  suit,  and  at  his 
instance  it  was  amicably  settled  to  the  satisfaction  of  both 
parties. 

Judge  Hunt  was  noted  for  his  illegible  writing.  A  man  by 
the  name  of  Gregory  once  called  upon  him  for  his  opinion 
in  a  land  suit,  and  the  judge  promised  to  write  out  and  send 
it  to  him  as  soon  as  he  could  consult  his  books.  In  due  time 
the  opinion  came  ;  but  neither  Gregory  nor  any  other  person 
could  read  it.      Some  time  afterwards  Gregory   called  upon 


122  BENCH  AND  BAR   OF  MISSOURI. 

the  judge  to  read  it  for  him  ;  and  after  a  partial  examination 
of  it,  the  judge  said,  "  Some  d — d  fool  has  been  trying  to 
write,  but  failed."  Gregory  then  said,  "Judge,  did  you  ever 
write  to  me  about  that  case  of  mine?"  The  judge  took  the 
liiiit,  got  the  cue,  and  read  it  off  easily,  saying,  "  Anybody 
but  a  d — d  fool  could  read  that." 

Judge  Hunt  greatly  relished  a  piece  of  genuine  wit,  and 
was  himself  the  author  of  many  witty  sayings,  particularly 
when  on  the  bench ;  and,  like  Lord  Ellenborough,  never  per- 
mitted any  opportunity  to  pass  without  indulging  in  it. 

It  is  said  that  the  great  English  jurist  would  not  even  spare 
an  unoffending  witness.  In  the  progress  of  a  trial  before 
him  a  surgeon  was  placed  on  the  witness-stand,  and  the  first 
question  put  to  him  was  as  to  his  occupation.  He  replied, 
"I  employ  myself  as  a  surgeon."  "But,"  interposed  Lord 
Ellenborough,  "  does  anybody  else  employ  you  as  a  sur- 
geon ?" 


Samuel  H.  Gardner. 

Nothing  affords  us  more  pleasure  than  to  place  upon  rec- 
ord our  recollection  of  this  gentleman,  who  was  our  dear 
friend,  and  who  was  greatly  esteemed  by  the  people  of  the 
city  of  St.  Louis. 

His  father  was  a  very  intelligent  farmer  in  western  New- 
York,  and  took  great  pains  to  educate  his  children  ;  and  at 
a  very  early  age  sent  Samuel  to  the  academy  in  the  village 
of  Canajoharie,  where  he  obtained  the  rudiments  of  a  good 
English  education.  Li  another  institution  of  the  same  town, 
called  the  Ames  Academy,  where  Latin,  French,  and  the 
higher  branches  of  mathematics  were  taught,  he  completed 
his  education,  and  soon  after  commenced  the  study  of  the 
law  in  the  office  of  Cagger  &  Hill,  at  Albany,  a  firm  noted 
for  their  great  ability  and  extensive  practice.  The  studious 
habits  of  Mr.  Gardner,  and  the  great  advantages  he  enjoyed 
under  the  tuition  of  such  eminent  men  for  a  period  of  three 
years,  could  not  otherwise  than  qualify  him  for  the  practice 
of  his  profession.  He  obtained  a  license  to  practice  there, 
but  not  wath  any  intention  of  making  New  York  his  home, 
for  he  had  determined  upon  emigrating  to  the  West  and 
joining  his  brother,  A.  M.  Gardner,  Esq.,  in  St.  Louis,  then  a 
practicing  lawyer  at  that  place.  Mr.  Gardner  reached  St. 
Louis  in  1847,  which  must  have  been  in  his  twenty-third 
year;   for  he  was  born  some  time  in  1824. 

In  1852  the  author  moved  to  St.  Louis,  and  opened  an  of- 
fice adjoining  Mr.  Gardner's,  w-hich  soon  brought  us  in  very 
intimate  relations  with  him.  We  found  him  a  whole-souled, 
genial  gentleman,  of  generous  impulses  and  a  high  sense 
of  professional  honor.  He  had  a  fair  practice,  which  was 
daily  increasing,  and  he  was  held  in  high  estimation  by  his 
fellow-citizens. 

In    1856  the  people  of  St.  Louis  selected  him  as  one  of 


124  BENCH  AND  BAR    OF  MISSOURI. 

their  representatives  in  the  State  Legislature,  where  he  soon 
took  a  prominent  part  both  in  llic  debates  and  on  important 
committees.  His  excellent  judgment,  business  tact,  and 
fine  practical  common  sense  gave  him  great  weight  with 
the  members,  and  enabled  him  to  accomplish  much  for  the 
good  of  his  constituents.  His  style  of  speaking  was  cogent 
and  logical,  and  he  aimed  to  convince  the  understanding 
rather  tiian  please  the  fancy.  He  regarded  eloquence  as  a 
very  desirable  gift,  but  only  useful  when  well  directed.  On 
his  return  from  the  Legislature  he  made  a  partnership  with 
his  brother,  wliich  continued  till  his  death. 

\\\  1862,  during  the  height  of  the  Rebellion,  and  when  a 
reign  of  terror  prevailed  throughout  the  state,  Mr.  Lincoln 
appointed  him  collector  of  the  internal  revenue  for  the  St. 
Louis  District,  which  office  he  filled  till  his  death,  on  De- 
cember 24,  1864.  Considering  the  excited  state  of  the  pub- 
lic mind,  and  the  embarrassed  condition  of  the  country,  it 
was  one  of  the  most  difficult  and  responsible  offices  to  fill 
within  the  gift  of  the  president.  Millions  upon  millions  of 
dollars  had  to  pass  through  his  hands,  and  he  was  daily 
called  upon  to  give  a  construction  to  revenue  laws  of  recent 
enactment.  Yet,  when  his  books  and  accounts  were  exam- 
ined, after  his  death,  everything  was  found  in  perfect  order, 
as  he  had  accounted  for  every  dollar  that  came  into  his 
hands.  Mr.  Lincoln  had  no  better  revenue  officer  during  his 
administration;  and' when  Mr.  Gardner  died,  the  city  of  St. 
Louis  lost  one  of  her  most  valued  and  esteemed  citizens. 

We  loved  him  as  a  brother,  stood  at  his  bedside  when 
his  spirit  took  its  flight,  and  beside  the  grave  that  was  pre- 
pared to  receive  his  mortal  remains. 

His  patriotic  devotion  to  the  Union,  and  his  love  of  coun- 
try, showed  most  brightly  during  the  darkest  days  of  the 
Rebellion.  In  that  eventful  period,  when  the  dark  cloud  of 
secession  hung  like  a  heavy  pall  over  our  state,  and  every- 
thing portended  evil  and  disaster,  his  confidence  in  the  final 
result  never  wavered  for  a  moment.  His  support  of  IVIr. 
Lincoln's  administration,  aside  from  any  interest  growing  out 
of  the  position  he  held,  was  steadfast  and  unwavering.      He 


SAMUEL  H.   GARDNER.  I  25 

was  in  daily  intercourse  with  Frank  Blair  and  General  Lyon 
at  and  during  the  Camp  Jackson  time,  and  the  course  pur- 
sued by  General  Lyon  was  in  accord  with  his  views. 

Among  strangers  Mr.  Gardner  was  reserved  and  distant, 
but  with  his  friends,  full  of  life  and  merriment.  Nothing  gave 
him  so  much  delight  as  to  get  a  good  joke  on  a  friend,  and 
he  made  it  tell  for  all  it  was  worth.  He  married  a  Miss 
Van  Rensselaer,  of  Albany,  New  York,  who,  with  three  in- 
teresting children,  survived  him.  His  domestic  relations  were 
exceedingly  happy,  and  to  no  man  was  life  more  desirable. 
The  day  before  his  death  we  drew  his  will,  and  when  it  was 
signed  and  witnessed  he  said,  "  I  am  content ;  and  the  only 
regret  I  feel  in  meeting  the  summons  is  the  necessity  it  im- 
poses of  leaving  behind  me  those  I  so  dearly  love."  He 
left  us  in  his  forty-first  year. 

"  Man  that  is  born  of  woman  is  of  few  days  and  full   of  trouble.      He  Com- 
eth forth  like  a  flower,  and  is  cut  down." 


Edward  Bates. 

In  referring  to  the  early  lawyers  of  Missouri  we  can  recall 
no  one  whose  memory  is  more  revered  than  that  of  the  sub- 
ject of  this  sketch,  who  was  attorney-general  under  President 
Lincoln. 

He  was  born  in  Belmont,  Goochland  County,  Virginia, 
September  4,  1793,  and  received  an  academic  education. 
His  ancestors  were  Quakers,  but  his  father,  though  belong- 
ing to  that  sect,  was  too  fervid  a  patriot  to  stand  by  and  see 
his  country  struggling  for  her  independence  without  lending 
a  helping  hand.  So  he  joined  the  army  and  fought  through 
the  Revolution ;  and  for  so  doing  was  disowned  by  the 
Quakers.  He  had  twelve  children,  Edward  being  the 
seventh  son.  The  latter  came  to  Missouri  in  18 14,  his 
brother  Frederick  being  secretary  of  the  territory,  and  after- 
wards governor.  He  immediately  entered  upon  the  study  of 
the  law,  in  the  office  of  Rufus  Easton,  and  was  admitted 
to  the  bar  in  18 16,  at  the  time  we  adopted  the  common 
law. 

In  1820  he  was  chosen  a  delegate  to  the  State  Constitu- 
tional Convention,  and  rendered  valuable  assistance  in  the 
formation  of  our  fundamental  law;  and  in  the  same  year  was 
appointed  attorney-general.  In  1822  he  became  a  member 
of  the  first  Legislature,  the  state  not  receiving  final  admission 
into  the  Union  until  182 1.  In  1824  lie  was  appointed,  by 
President  Monroe,  United  States  attorney  for  the  Missouri 
District.  In  1827  he  was  elected  to  Congress  and  served  a 
full  term.  In  1830  he  was  sent  to  the  State  Senate,  and  in 
1834  was  a  member  of  the  popular  branch  of  the  General 
Assembly.  In  1850  President  Fillmore  tendered  him  a  seat 
in  his  Cabinet  as  secretary  of  war,  which  he  declined,  though 
he  had  been  confirmed  by  the  Senate.  In  1853  he  was 
elected  judge  of  the  St.  Louis  Land  Court,  a   court   created 


EDWARD  BATES.  I  2/ 

for  the  purpose  of  taking  special  cognizance  of  cases  involv- 
ing real-estate  litigation. 

Upon  the  assembling  of  the  Whig  National  Convention  at 
Baltimore,  in  1856,  he  was  chosen  president,  and-  presided 
over  its  deliberations  with  marked  ability.  In  1858  he  was 
honored  by  Harvard  University  with  the  degree  of  Doctor 
of  Laws.  In  1861  he  was  selected  by  Mr.  Lincoln  as  his 
attorney-general,  and  held  the  office  until  his  resignation  in 
1863,  and  died  in  St.  Louis,  March  25,  1869,  at  the  age  of 
seventy-six. 

Mr.  Bates  belonged  to  the  old  Whig  party,  and  when  we 
consider  that  he  had  allied  himself  to  an  organization  which 
in  Missouri  was  always  in  the  minority,  his  public  life  was 
certainly  a  success.  At  one  time  he  was  regarded  as  a 
violent  partisan,  and  published  a  pamphlet  in  denunciation 
of  Colonel  Benton  marked  with  great  vindictiveness  and 
violent  prejudice  —  so  much  so  that  it  was  regarded  as  an 
ebullition  of  ill-will,  rather  than  a  calm  and  dignified  accu- 
sation. We  have  reason  to  believe  that  in  after-life  he  much 
regretted  it,  and  would  have  recalled  it  if  it  had  been  in  his 
power,  for  it  was  in  conflict  with  every  instinct  of  his 
nature. 

Our  acquaintance  with  Mr.  Bates  commenced  in  the  win- 
ter of  1836-7,  just  before  we  obtained  our  majority.  He  was 
attending  the  Franklin  Circuit  Court,  and  was  engaged  in  an 
important  chancery  suit,  in  which  issues  were  framed  and 
sent  to  a  jury  to  be  tried.  The  question^  involved  were 
rather  intricate,  and  after  a  tedious  trial  of  several  days  the 
jury  failed  to  agree,  and  were  discharged.  The  fact  leaked 
out  that  after  the  jury  retired  to  consider  of  their  verdict, 
one  of  them,  a  fellow  by  the  name  of  Childers,  rose  and  ad- 
dressed his  fellow-jurors  as  follows  :  "  Gentlemen  of  the  jury, 
without  intending  to  arrogate  to  myself  any  superior  wisdom, 
yet  I  must  be  permitted  to  say  that  in  my  humble  judgment  I 
have  more  sense  than  all  of  you  put  together,  and  I'll  be  d — d 
if  I  know  anything  more  about  this  case  now  than  I  did  at 
the  commencement  of  the  trial;  and,  to  avoid  doing  injustice 
to  either  party,  I   move  that  we  agree   to   disagree.     All   in 


128  BENCH  AND   BAR    OF  MISSOrRJ. 

favor  of  that  proposition  will  raise  their  hands;"  and  up 
went  the  hands  of  the  entire  panel.  Bryan  Mullanphy  was 
attending  the  court,  and  made  a  profile  of  the  jur)-,  which 
circulated  through  the  court-room  to  the  great  amusement 
of  the  bench  and  bar.  Among  the  older  citizens  the  panel 
is  known  to  this  day  as  the  ''  intelligent  jury  ^  In  after-years 
Mr.  Bates  often  alluded  to  it  as  an  incident  m  his  professional 
Hfe. 

Few  men  in  the  state  were  better  known  to  the  profession 
than  Mr.  Bates,  for  his  social  and  genial  habits  rendered  him 
a  universal  favorite ;  and  when  lawyers  from  the  different 
parts  of  the  state  visited  St.  Louis,  they  made  it  a  point  to 
call  upon  him.  He  always  took  a  deep  interest  in  those  who 
were  starting  out  in  the  profession,  and  gave  them  every  aid 
in  his  power  —  invited  them  to  his  house,  and  introduced 
them  to  other  attorneys.  In  his  manner  he  was  easy,  polite, 
and  affable,  and  if  you  met  him  a  dozen  times  a  day,  he 
would  each  time  salute  you  with  a  pleasant  smile  or  word. 

Mr.  Bates  was  a  natural  orator,  and  gifted  with  all  the 
graces  of  elocution.  He  had  a  sweet,  musical  voice,  and 
words  fell  from  his  lips  without  any  apparent  labor. 
Whether  in  a  deliberative  or  promiscuous  body,  at  a  dinner- 
party or  social  gathering,  he  could  make  an  interesting 
speech  without  a  moment's  preparation,  and  upon  any  sub- 
ject that  could  be  introduced.  No  sudden  or  unexpected 
call  could  disconcert  him  for  a  moment.  When  he  was  called 
upon  to  preside-over  the  Internal  Improvement  Convention 
held  in  Chicago  previous  to  the  war,  he  arose  to  return  his 
thanks,  and  delivered  an  address  which  perfectly  electrified 
the  assembly,  and  gave  him  a  national  reputation  as  an  ora- 
tor. All  his  efforts  were  extemporaneous,  and  some  of  the 
finest  were  delivered  upon  the  spur  of  the  moment.  In  legal 
acumen  we  never  thought  him  the  equal  of  Mr.  Geyer. 
Mr.  Gamble,  Mr.  Leonard,  or  Mr.  Field  ;  but  as  an  elocu- 
tionist he  was  superior  to  either. 

In  1823  Judge  Bates  married  Julia  D.  Coalter,  of  South 
Carolina,  a  most  estimable  lady,  who  still  survives  him.  He 
also  left  eleven  or  twelve  children.      He  was  not  only  prolific 


EDWARD  BATES.  I  29 

himself,  but  came  from  a  very  prolific  family,  for  he,  as  be- 
fore stated,  was  the  seventh  son  out  of  a  family  of  twelve 
children. 

While  Mr,  Bates  was  judge  of  the  Land  Court  he  did  us 
a  favor  for  which  we  have  thanked  him  a  thousand  times,  yet 
we  then  thought  it  an  act  of  unkindness.  In  November,  1855, 
we  received  from  the  Pacific  Railroad  Company  an  invitation 
to  join  in  the  expedition  to  Jefferson  City  intended  to  cele- 
brate the  opening  of  the  road  to  that  point.  On  the  day  set 
apart  for  the  expedition  we  had  a  land  case  docketed  for  trial, 
and  with  other  attorneys  who  had  cases  set  for  that  day  and 
the  day  following  we  united  in  a  strong  appeal  to  the  judge  to 
adjourn  his  court  for  a  few  days,  to  enable  us  to  join  in  the 
celebration;  but  he  positively  refused,  and  seemed  a  little  irri- 
tated at  the  request.  Of  course  there  was  no  otlier  alternative 
but  to  remain.  The  next  morning  the  train  started  with  600 
souls  on  board,  and  at  the  Gasconade  Bridge  fifty  of  them 
found  their  graves. 

It  was  one  of  the  most  terrible  disasters  that  had  occurred 
in  any  part  of  the  United  States.  Nearly  the  whole  train 
went  down  with  the  bridge,  killing  members  of  the  General 
Assembly  on  their  way  to  the  seat  of  government,  prominent 
ministers,  physicians,  merchants,  and  lawyers ;  besides  seri- 
ousl}'  injuring  a  large  number,  some  of  whom  can  still  be  seen 
on  the  streets  of  St.  Louis,  hobbling  about  upon  crutches. 
Judge  Bates  often  referred  to  his  refusal  to  adjourn  court, 
and  seemed  to  regard  it  as  a  providential  act. 

There  are  a  few  anecdotes  of  Mr.  Bates  worth  preserving. 
He  was  a  great  admirer  of  the  common-law  system  of  plead- 
ing, and  could  almost  repeat  Chitty  from  memory;  but  Chitty 
once  involved  him  in  a  difficulty  which  resulted  in  the  loss  of  a 
good  friend.  A  man  by  the  name  of  Mackay  was  the  con- 
firmee of  a  Spanish  grant  in  St.  Charles  County,  embracing 
several  thousand  acres  of  fine  land.  Upon  this  grant,  as  was 
not  unusual  in  those  days,  divers  people  had  squatted  and 
made  good  improvements,  and  were  living  comfortably  by 
cultivating  Mackay's  soil ;  and  many  were  in  the  habit  of 
cutting  cord-wood  and  selling  it  to  the  boats  plying  on  the 

9 


130  BENCH  AND  BAR   OF  MISSOURI. 

Mississippi  River.  Upon  the  death  of  Alackay  his  widow 
and  executrix  determined  to  bring  suit  against  those  who 
had  thus  trespassed,  and  retained  ]\Ir.  Bates  (who  then 
resided  in  St.  Charles)  for  that  purpose.  Mr.  Bates  had  in 
his  office  some  printed  blank  declarations  for  actions  of 
trespass,  after  the  form  laid  down  by  Chitty,  and  directed 
his  clerk  to  fill  them  up  against  about  fifteen  defendants, 
which  he  did  —  charging  each  with  cutting  down  10,000  oak 
trees,  10,000  hickory  trees,  1 0,000  ash  trees,  10,000  maple 
trees,  10,000  sycamore  trees,  and  10,000  walnut  trees. 

The  sheriff  of  the  county  called  upon  the  defendants  to 
ser\^e  them  with  process,  one  of  whom  —  a  man  by  the  name 
of  Burdyne  —  was  a  great  admirer  of  Mr.  Bates.  When  the 
sheriff  finished  reading  the  declaration  to  Burdyne,  the  latter 
became  greatly  excited,  and  remarked  that  it  was  "  all  a  d — d 
lie,"  and  he  did  not  see  how  "so  good  a  man  as  Mr.  Bates 
could  write  so  man\-  d — d  lies  on  so  small  a  piece  of  paper." 
Burdyne  no  doubt  became  fully  impressed  with  the  moral 
deprav'ity  of  mankind  in  general,  and  ]Mr.  Bates  in  partic- 
ular. 

In  addressing  juries  ^Ir.  Bates  not  unfrequently  digressed 
from  the  subject  under  consideration,  and  launched  forth  into 
an  interesting  and  elegant  description  of  the  early  settle- 
ments, the  habits,  customs,  and  priv^ations  of  the  pioneers,  etc. 
More  particularly  was  it  the  case  when  he  found  on  the  jury 
one  or  more  men  of  advanced  years.  Upon  one  of  these 
occasions,  while  engaged  in  the  trial  of  a  land  suit  in  the 
United  States  Circuit  Court  at  St.  Louis,  before  Judge  Catron, 
involving  questions  of  boundary,  settlement,  and  cultivation, 
Mr.  Bates  in  his  address  to  the  jur\-,  most  of  whom  had 
passed  the  meridian  of  life,  indulged  freely  in  his  favorite 
theme,  and  in  the  midst  of  one  of  his  most  eloquent  flights, 
while  a  breathless  silence  pervaded  the  court-room.  Judge 
Catron,  who  was  as  void  of  imagination  as  a  Berkshire  pig, 
suddenly  interrupted  him  : 

"Mr.  Bates,'  said  the  judge,  "you  have  given  us  a  very 
interesting  histor>^  of  the  early  settlement  of  the  countr}% 
and   of  tlie  privations  and   difficulties   encountered    by   the 


EDWARD  BATES.  13I 

early  inhabitants;  you  have  given  us  a  glowing  description 
of  the  velvet  forests  w  ith  their  creeping  vines  and  h(jney- 
suckles,  and  of  the  beautiful  prairies  carpeted  with  lovely 
flowers ;  you  have  talked  of  the  red  men  and  their  scalping- 
knives  and  tomahawks  —  non',  Mr.  Bates,  please  tell  iis  some- 
thing about  the  case  lue  are  trying!' 

In  earl}'  times  Mr,  Bates  and  Elijah  Bettis,  of  Wayne 
County,  were  members  of  the  Legislature.  ]\Ir.  Bates  stood 
first  on  the  roll,  and  Bettis  next.  They  differed  in  politics, 
and  a  further  distinction  was,  Bates  was  full  of  mischief,  and 
Bettis  knew  as  little  how  to  vote  as  any  member  of  the 
House.  This  annoyed  him,  and  he  was  advised,  whenever 
a  political  question  was  up,  to  watch  Bates  and  vote  just 
the  opposite  way.  This  came  to  Bates'  ear,  so  he  often 
voted  wrong  on  purpose,  and  was  followed  by  Bettis,  who 
made  it  a  point  to  be  ''agin  Bates."  Then,  when  the  call  of 
the  roll  was  through,  Bates  would  arise  and  obtain  leave  to 
change  his  vote,  and  Bettis  in  turn  would  ask  leave  to  change 
his.  Bettis'  "  id-e-e  was,  so  he  voted  agin  Bates  it  was  sartin 
to  be  Democratical." 

]\Ir.  Bates  was  a  monomaniac  on  the  subject  of  "  tax 
titles,"  and  while  on  the  bench  of  the  Land  Court  resorted 
to  every  conceivable  plan  to  overthrow  a  title  predicated 
upon  a  tax  sale.  In  an  action  of  ejectment  pending  in  his 
court  the  plaintiff  relied  upon  a  tax  title,  and  when  he  in- 
troduced his  deed  in  evidence  the  judge  scrutinized  it  very 
closely,  and  found  the  land  described  as  "  N.  E.  qr.  of 
S.  ¥..  qr.  of  S.  4,  T.  40,"  and  the  following  scene  took 
place  : 

"  Mr.  Counsel,  what  do  the  letters  '  N.  E.,'  in  this  deed, 
stand  for?" 

"  North-east,  if  your  honor  please." 

"  >sorth-east?  North-east?  What  evidence  is  there  before 
this  court  to  show  that  they  mean  any  such  thing  ?  " 

"The  letters  'X.  E.'  are  usually  used  by  surveyors  to  des- 
ignate the  points  of  the  compass." 

"  How  is  this  court  to  know  that  they  were  not  intended  to 
represent  '  Xew  England,'  or  '  New  Edjtion,'  or  '  Nothing  Ex- 


132  BENCH  AND   BAR    OF  RriSSOURT. 

tra,'  or  any  other  words  to  which  the  initials  may  be  apph- 
cable  ?  " 

"  The  point  raised  by  your  honor  is  new,  and  I  am  not 
prepared  to  give  any  additional  explanation." 

"The  objection  to  the  introduction  of  the  deed  is  sus- 
tained upon  the  ground  of  uncertainty  in  the  description  of 
the  premises.     Plaintiff  takes  nonsuit,  w  ith  leave,"  etc. 

Judge  Bates  at  times  was  very  technical,  and  would  sustain 
a  trivial  objection  if  it  afforded  the  means  of  getting  rid  of 
a  case  which  he  did  not  wish  to  try,  or  which  he  was  satisfied 
was  destitute  of  merit. 

Mr.  Bates  possessed  many  qualities  which,  combined,  tend 
to  form  the  highest  type  of  character.  His  easy,  dignified, 
and  refined  manner  made  him  very  accessible  to  all,  and  his 
society  was  greatly  sought,  particularly  by  the  younger 
members  of  the  profession,  in  whom  he  always  took  a  deep 
interest.     By  them  he  was  almost  idolized. 

The  want  of  a  contemporaneous  record  of  his  speeches 
in  some  of  the  important  criminal  trials  in  St.  Louis  is  greatly 
felt  —  particularly  by  the  bar  of  our  state.  We  have  looked 
in  vain  to  find  even  a  synopsis  of  his  great  speech  in  case  of 
the  Montesquiou  brothers,  French  counts,  who  were  tried  in 
our  Criminal  Court  for  murder,  about  thirty  years  ago.  The 
state  was  represented  by  James  R.  Lackland  and  Uriel 
Wright,  and  the  defense  conducted  by  Mr.  Bates,  Henry  S. 
Geyer,  Wilson  Primm,  and  Charles  Gibson.  There  is  no  re- 
port of  the  trial  in  print.  It  was  one  of  the  most  interesting 
cases  that  had  transpired  in  the  United  States,  and  a  de- 
tailed statement  of  the  facts  has  been  given  to  the  St.  Louis 
Historical  Society  in  a  recent  communication  from  Charles 
Gibson,  Esq.,  the  only  surviving  counsel  for  the  defense.  By 
way  of  preserving  some  slight  record  of  this  novel  and  un- 
paralleled case,  we  give  an  extract  from  Mr.  Gibson's  com- 
munication : 

"St.  Louis,  April 23,  1878. 
"7'(?  the  Missouri  Historical  Society : 

"Gentlemen:  I  am  the  last  survivor  of  the  members  of  the  bar  who  were 
connected  witli  the  trial  of  the  Counts  de  Montesquiou.  As  it  was  the  most 
celebrated  and  dramatic  trial  that  ever  took  place  in   Missouri,  I  presume  it  is 


EDWARD  BATES.  I  33 

proper  for  me  to  state,  as  nearly  as  I  can  now  remember,  all  the  facts  con- 
nected with  it,  as  a  part  of  our  local  history. 

"  It  is  within  a  few  months  of  thirty  years  since  these  events  occurred.  The 
change  in  everything  around  me  is  so  complete  that  I  do  not  exaggerate 
when  I  say  that  I  feel  as  if  I  am  speaking  to  a  new  generation  and  another 
people.  Those  individual  characteristics  and  peculiarities  which  then 
marked  all  our  prominent  citizens  have  yielded  to  the  necessarily  severe  dis- 
cipline of  a  great  city.  The  uniforms  of  the  officers  of  the  regular  army, 
then  so  common  on  the  streets  and  at  all  social  gatherings,  have  gone,  with 
the  military  posts,  far  to  the  west  of  us.  The  courtesy  and  civilities  in  man- 
ners and  language  which  the  then  still  existing  code  undoubtedly  fostered  and 
sustained,  especially  among  members  of  the  bar,  have,  to  a  certain  extent, 
disappeared  with  the  code  itself.  The  contrast  between  a  great  criminal  trial 
thirty  years  ago,  in  which  the  entire  community  took  a  profound  interest,  and 
the  proceedings  of  the  present  day  in  the  Four  Courts,  has  to  be  seen  in  order 
to  be  understood  and  fully  appreciated.  Still,  it  may  be  useful  to  preserve 
the  main  facts  of  this  case. 

"The  Counts  Gonzalve  and  Raymond  de  Montesquiou  came  to  this  country, 
for  the  purpose  of  making  the  tour  of  Canada  and  the  United  States  for 
health  and  pleasure,  in  1849.  They  first  went  to  Canada,  bearing  letters  of 
introduction  from  the  French  minister  of  foreign  relations,  one  of  which  I 
have  here.  After  spending  some  time  at  Niagara,  they  visited  Chicago,  and 
from  there  started  out  on  a  hunt  through  Illinois.  In  one  day  they  killed 
two  hundred  and  fifty-odd  prairie  chickens,  showing,  not  only  how  plentiful 
the  chickens  then  were,  but  how  deadly  was  the  aim  of  both  of  them. 

"After  spending  a  day  at  Alton,  they  came  on  to  St.  Louis  and  took  rooms 
at  the  City  Hotel,  corner  of  Third  and  Vine  Streets,  then  kept  by  the  late 
Theron  Barnum,  Esq.  In  the  evening,  after  they  had  retired  to  their  rooms, 
and  about  bed-time,  but  while  some  persons  were  still  in  the  hall,  Gonzalve, 
the  elder  one,  who  had  previously  given  no  sign  of  the  deadly  monomania 
which  had  seized  him,  took  up  his  shot-gun,  rushed  out  into  the  hall,  and  fired 
twice,  killing  Albert  Jones  and  Kirby  Barnum  (a  nephew  of  the  landlord), 
and  severely  wounding  three  other  men  —  all  well-known  and  worthy  citizens. 
Fortunately  for  the  two  brothers  they  were  instantly  arrested  and  hurried  off 
to  jail,  corner  of  Sixth  and  Chestnut  Streets,  where  the  Laclede  Hotel  now 
stands.  Afterwards  a  great  and  angry  crowd,  filling  Chestnut  and  Sixth 
Streets  for  some  distances  assembled  at  the  jail  with  the  avowed  purpose  of 
lynching  the  prisoners.  The  danger  became  so  great  that  they  were  slipped 
out  of  a  side  door  and  taken  through  the  alley  running  from  the  jail  to  Mar- 
ket Street,  and  thence  to  Jefferson  Barracks.  The  jail  was  guarded  by  the 
St.  Louis  Greys,  Captain  West,  and  the  prisoners  were  escorted  by  them 
beyond  the  city.  At  first  the  opinion  was  general  among  all  classes  that  they 
were  not  noblemen,  but  impostors  and  murderers.  It  soon  became  known, 
however,  who  and  what  they  were.  Their  grandfather  was  a  nobleman  of  the 
ancient  rrginie,  and  also  a  high  officer  in  the  army  of  Napoleon.  He  was 
wounded  in  battle,  the  ball  tearing  away  the  skin  of  the  abdomen,  so  that  the 
bowels  protruded;    but   he   pushed    them   back,    had   himself  wrapped   round 


134  BENCH  AND  BAR   OF  MISSOURI. 

about  witli  a  bandage,  again  mounted  ]ii.s  horse,  and  riding  to  the  front  was 
swept  down  in  a  shower  of  bullets.  Their  grandmother  was  the  governess  of 
the  King  of  Rome,  a  great  favorite  of  Napoleon,  and  is  spoken  of  in  Theirs' 
'  Consulate  and  Empire  '  as  the  good  Mme.  de  Montesquieu.  Their  brother-in- 
law,  the  Viscount  de  Cessac,  who  came  here  from  Paris  to  attend  the  trial, 
was  the  son  of  Lacue,  duke  and  minister  of  war  under  the  republic  and  the 
empire.  He  it  was  whom  Bonaparte,  when  a  young  otificer,  so  importuned  for 
a  command  that  he  was  politely  ordered  out  of  the  war  office.  The  emperor, 
however,  not  only  forgave  the  act,  but  loaded  his  faithful  servant  with  the  title 
of  duke,  and  many  other  high  honors.  De  Cessac  had  himself  been  decorated 
with  the  cross  of  the  Legion  of  Honor  by  Napoleon  HI.  M.  Borg,  French 
vice-consul  at  New  York,  attended  both  trials  in  his  official  capacity. 

"  The  first  trial  was  held  in  the  west  wing  of  the  court-house,  then  in  one 
apartment,  covered  with  a  brick  floor.  Judge  J.  B.  Colt,  who  had  been 
recently  wounded  in  a  duel  on  Bloody  Island,  presided.  James  R.  Lackland 
was  prosecuting  attorney,  and  was  assisted  by  Uriel  Wright.  The  defense  was 
conducted  by  Edward  Bates  and  Henry  S.  Geyer,  Wilson  Primm,  an  accom- 
plished French  scholar  and  lawyer,  and  myself,  as  a  young  attorney,  assisting. 
Gonzalve  declared  all  through  that  he  killed  the  men  by  God's  direction,  and 
that  he  was  ordered  by  a  special  providence  to  kill  two  men.  On  the  other  hand, 
Raymond  was  willing  to  die  if  they  would  release  his  poor  insane  brother. 

"The  trial  lasted  many  days.  The  forensic  contention  was  magnificent. 
Lackland,  severe  and  inexorable,  and  Wright,  eloquent  and  brilliant,  portrayed 
the  scene  which  sent  two  innocent  men  so  suddenly  to  early  and  bloody  graves 
with  such  effects,  and  aroused  the  feelings  of  their  personal  friends  and  rela- 
tives and  the  native  American  and  foreign  elements  to  such  fury,  that  a  special 
guard  was  appointed  to  protect  the  prisoners  in  going  to  and  from  the  jail  to 
the  court-house  during  the  trial. 

"  On  the  other  side,  the  trial  was  largely  attended,  not  merely  by  our  best  citi- 
zens, but  nearly  the  whole  of  the  spacious  apartment  was  filled  by  the  most 
refined  and  aristocratic  ladies,  old  and  young,  of  the  city.  Cool  and  sensible 
people  considered  the  act  of  firing  without  the  slightest  cause  upon  a  crowd  of 
promiscuous  strangers  as,  ipso  facto,  conclusive  proof  of  insanity. 

"The  misfortunes  of  Raymond,  the  younger  brother,  were  romantic  and 
touching  to  an  extraordinary  degree.  He  could  not  speak  English,  and  was, 
therefore,  practically  deaf  and  dumb.  He  was  in  a  foreign  land,  and  belonged 
to  an  order  opposed  to  its  institutions  and  the  feelings  of  its  inhabitants.  He 
was  yet  in  his  teens,  and  the  brother,  on  whom  he  naturally  would  rely,  was 
hopelessly  insane.  The  Revolution  of  1848  had  driven  kings  and  emperors 
from  their  thrones,  and  threatened  the  entire  extinction  of  the  nobility  to  which 
he  belonged.  Young,  handsome,  amiable,  and  intelligent,  a  nobleman  of  the 
first  rank,  with  an  ancestral  name  whose  luster  shone  far  back  into  the  Middle 
Ages,  he  stood  at  the  bar  of  justice  to  answer  with  his  life  and  honor  an  indict- 
ment for  murder  I 

"Such  a  case  as  this,  presented  to  the  court  and  jury  by  such  lawyers  and 
orators  as  Geyer  and  Bates — peers  of  Clay  and  Webster,  and  the  conceded 
leaders  of  the  bar  — could  not  fail  to  be  thrilling  and  profoundly  impressive. 


EDWARD  BATES.  135 

"  The  prosecution  contended  that  both  brothers  had  participated  in  the  homi- 
cide. Botli  of  them  wore  long  beards,  had  a  certain  family  resemblance,  and 
foreign  airs  and  appearance.  Now,  prior  to  the  Rebellion,  the  beard  was  almost 
unknown  in  the  United  States,  and  the  prominence  of  these  features  obscured 
the  observation  of  the  by-standers  to  the  distinctive  individual  traits.  One  or 
more  of  the  witnesses  testified  that  the  man  who  did  the  shooting  wore  a  pecu- 
liar dressing-gown.  It  was  brought  into  court  and  identified.  It  was  then  put 
on  Raymond,  and  was  twice  too  large.  It  was  then  put  on  Gonzalve,  and  fit 
exactly.  The  case  was  plain  enough  ;  but  one  man,  named  McPhetridge,  a 
carpenter  by  trade  and  a  Native  American  in  politics,  hung  the  jury.  The  sec- 
ond trial  was  held  in  the  east  front  of  the  court-house,  second  floor.  It  was 
but  a  repetition  of  the  first,  and  resulted  likewise  in  a  hung  jury.  The  prison- 
ers were  never  acquitted  by  court  or  jury. 

"•  This  was  almost  the  last  criminal  trial  conducted  by  either  Geyer  or  Bates. 

"It  was  the  last  one  generally  attended  by  the  elite  of  our  female  society. 
Nothing  could  exceed  the  interest  they  took  in  it.  Besides  the  bloody  tragedy 
on  one  side,  and  the  poetic  and  touching  misfortunes  of  the  defendants,  es- 
pecially Raymond,  on  the  other  side,  it  was  so  aristocratic  to  side  with  a  hand- 
some young  7-eal  French  count,  when  set  upon  by  Native  American  mechanics 
and  German  acht-nnd-vic7-ziger  —  forty-eighters. 

''A  French  count  in  those  primitive  days  attracted  much  more  attention  and 
admiration  than  a  king  would  now. 

"At  that  time  the  Creole  element  was  still  a  very  prominent,  and  perhaps  even 
a  preponderating,  portion  of  our  people.  Always  gentle,  pure,  and  affectionate, 
devoted  to  their  own  'Z«  Belle  France''  and  all  its  glorious  histories  and 
memories,  they  were,  of  course,  deeply  moved  to  see  two  of  its  illustrious 
noblemen  charged  with  crime  which  was  due  to  the  visitation  of  God  alone. 
Many  of  them,  especially  Mr.  Charles  P.  Chouteau  and  his  family,  showed 
them  devoted  attention  from  first  to   last. 

"  Their  pardon  by  the  governor  was  anomalous,  and  although  I  may  have  to 
act  somewhat  as  my  own  trumpeter,  it  may  not  be  uninteresting  to  relate  the 
manner  in  which  it  was  obtained. 

"Notwithstanding  the  failure  to  convict  after  two  trials  on  the  merits,  the 
state  refused  to  enter  a  nolle  prosequi.  Mr.  Louis  Borg,  the  consul,  suggested 
privately  that  it  appeared  to  the  French  authorities  that  the  defendants  were 
being  subjected  not  merely  to  the  demands  of  impartial  justice,  but  to  the 
prejudices  of  a  mob.  I  had  been  employed  as  a  young  attorney  to  do  some 
out-of-court  work  in  the  case,  and  had  become  quite  intimate  with  the  defend- 
ants. Mr.  Borg  gave  me  a  letter  from  their  mother  (which  I  have  here) 
appealing  to  him,  with  the  vehemence  of  a  mother's  affection  for  her  children, 
to  get  them  released,  and  I  undertook  on  my  own  account  and  in  my  own 
way  to  do  it." 

So  thoroughly  did  the  pubHc  become  convinced  of  the  in- 
sanity of  the  brother  who  committed  the  deed,  that  the  gov- 


136  BENCH  AND  BAR   OF  MISSOURI. 

ernor  was  compelled  to  extend  a  pardon  to  both.     Gonzalve 
died  a  few  years  afterwards  —  a  raving  maniac. 

There  is  a  very  fine  portrait  of  Mr.  Bates  hanging  up  in 
the  Law  Library  of  St.  Louis,  and  a  bronze  statue  of  him 
is  soon  to  be  unveiled  in  Forest  Park.  Upon  his  death  the 
St.  Louis  bar,  and  various  societies  of  which  he  had  been  a 
member,  met  and  paid  glowing  tributes  of  respect  to  his 
memory.  He  was  greatly  idolized  by  the  people  of  the 
state  —  particularly  of  St.  Louis  —  who  will  long  cherish 
their  pleasant  recollections  of  him. 


William  y.  Slack 

Was  a  lawyer  of  some  prominence  when  we  first  met  him  in 
the  General  Assembly  of  1846-7.  From  the  reputation  he 
brought  much  was  expected  of  him,  and  he  soon  evinced  a 
readiness  in  debate,  and  during  the  entire  session  participated 
largely  in  the  discussions.  His  style  of  speaking  was  by  no 
means  oratorical,  for  he  never  indulged  in  flights  of  fancy, 
nor  was  he  very  graceful  in  his  manner.  Earnestness,  sincer- 
ity, and  vigor,  with  a  faculty  of  presenting  facts  in  a  strong 
light,  were  his  chief  characteristics  as  a  debater.  Being 
a  very  laborious  man,  he  rendered  efficient  service  on  the 
committees  —  in  fact,  he  was  very  attentive  to  all  his  legisla- 
tive duties;  always  on  hand  at  the  call  of  the  roll,  and  never 
absent  unless  confined  to  his  room  by  indisposition.  He 
commanded  the  respect  of  all  the  members,  and  when  ad- 
dressing the  House  was  listened  to  very  attentively.  There 
was  nothing  particularly  attractive  about  him,  but  his  seem- 
ing candor  and  sincerity  always  enabled  him  to  command 
the  respect  of  his  brother  members. 

General  Slack  was  a  Kentuckian  by  birth,  born  in  Mason 
County,  on  August  i,  18 16.  His  parents  moved  to  Missouri 
at  an  early  day,  and  settled  in  Boone  Count)',  where  the 
subject  of  our  sketch  received  as  good  an  English  education 
as  the  schools  of  that  day  could  afford,  there  being  no  state 
educational  institution.  The  want  of  one  was  greatly  felt, 
and  it  is  said  that  General  Slack  took  a  very  active  part  in  es- 
tablishing the  present  University  at  Columbia.  He  pursued 
his  studies  with  J.  B.  Gordon,  an  eminent  lawyer  of  Boone, 
and  upon  being  admitted  to  the  bar,  in  1837,  located  in 
Chillicothe,  Livingston  County,  which  continued  to  be  his 
residence  until  his  death.  He  manifested  an  inclination  for 
military  life  at  an  early  time,  and  in  1846  raised  a  company 
of  volunteers  for  the  Mexican  War,  became  a  captain,  and 


13^  BENCH  AND  BAR    OF  MISSOURI. 

joined  the  volunteer  regiment  of  Colonel  Sterling  Price,  and 
was  with  his  regiment  during  its  entire  service. 

In  1848  he  became  a  member  of  the  State  Convention 
called  to  revise  the  Constitution.  During  the  time  he  served 
in  the  Legislature  the  subject  of  slavery  had  not  become  one 
of  debate,  for  there  was  a  great  unanimity  in  opposition  to  the 
Wilmot  Proviso,  but  Mr.  Slack  was  understood  to  be  a  strong 
pro-slavery  man  in  his  views,  and  upon  the  breaking  out  of 
the  Civil  War  earnestly  espoused  the  cause  of  the  South,  and 
received  from  Governor  Jackson  a  commission  as  brigadier- 
general  in  the  state  militia,  and  immediately  entered  upon 
active  service,  participating  in  the  battle  of  Wilson  Creek, 
where  he  was  severely  wounded.  In  the  battle  of  Pea  Ridge, 
which  soon  followed,  he  was  mortally  wounded,  and  died 
March  20,  1862,  near  the  forty-sixth  year  of  his  age.  He 
was  a  brave  man,  and  in  both  battles  sought  the  post  of 
danger. 

General  Slack  was  regarded  as  the  leading  lawyer  at  the 
Livingston  bar;  always  commanded  a  good  practice,  and  was 
generally  successful.  He  was  very  laborious  in  the  prepara- 
tion of  his  cases,  and  seldom  went  into  trial  unprepared. 
The  qualities  already  referred  to,  in  addition  to  the  public 
confidence  which  he  always  inspired,  gave  him  unusual 
weight  with  a  jury. 

He  was,  also,  a  man  of  will,  energy,  and  determination, 
and  under  strong  opposition  rose  with  the  occasion,  and  ap- 
peared to  greater  advantage.  As  a  soldier  he  was  true, 
faithful,  and  brave,  and  though,  in  our  judgment,  under  a 
mistaken  apprehension  as  to  his  duty  to  his  country,  was 
nevertheless  sincere  and  earnest. 


Charles  Lucas, 

Son  of  Judge  John  B.  C.  Lucas,  was  born  near  Pittsburg, 
Pennsylvania,  September  25,  1792,  and  removed  with  his 
father  to  St.  Louis  in  1805,  but  was  sent  to  Jefferson  College, 
Pennsylvania,  to  receive  his  education,  where  he  remained 
five  years,  and  in  181 1  returned  to  St.  Louis  and  commenced 
the  study  of  the  law  in  the  office  of  Colonel   Rufus   Easton. 

At  the  commencement  of  the  war  in  18 12  he  joined  a  vol- 
unteer company  in  St.  Louis,  and  afterwards  organized  with 
others  a  company  of  artillery,  which  was  stationed  near  Port- 
age des  Seoux.  His  brother  Robert  was  captain  of  the  com- 
pany, and  upon  his  resignation  Charles  was  commissioned  to 
fill  the  vacancy.  Li  18 14  he  was  admitted  to  the  bar,  and  in 
the  same  year  became  a  member  of  the  Territorial  Legisla- 
ture, and  was  afterwards  appointed  United  States  attorney 
for  the  territory. 

On  September  17,  18 17,  he  was  killed  by  Colonel  Benton 
in  a  duel  on  Bloody  Island,  opposite  St.  Louis,  the  particulars 
of  which  are  given  in  the  sketch  of  Colonel  Benton's  life. 

Mr.  Lucas  could  not  have  been  over  twenty-five  years  of 
age  when  this  unfortunate  event  occurred,  and,  therefore,  was 
not  old  enough  to  have  established'  a  high  reputation  at  the 
bar;  but  from  all  we  can  learn  he  was  regarded  as  a  promis- 
ing young  lawyer,  and  inherited  much  of  the  legal  ability  of 
his  father. 

It  has  frequently  been  asserted  that  upon  the  occasion  of 
his  duel  with  Colonel  Benton  he  was  seized  on  the  ground 
with  fear  and  trepidation,  but  this  is  not  sustained  by  those 
who  were  present.  On  the  contrary,  there  is  ample  evidence 
that  he  acted  with  much  coolness  and  deliberation.  That 
he  knew  that  Colonel  Benton  was  the  better  shot,  and  that 
in  all  probability  the  meeting  would  prove   fatal   to   him,  is 


14"^  BENCH  AND  BAR    OF  MISSOURI. 

clearly  evidenced  by  the  following  letter,  written  the  day 
before  their  first  meeting,  and  which,  after  his  death,  was 
found  among  his  papers: 

"St.  Louis,  August  jj,  iSij. 

"Dear  Father:  Embarked  as  I  am  in  a  hazardous  enterprise,  the  issue  of 
which  you  will  know  before  you  see  this,  I  am  under  the  necessity  of  bidding 
you,  my  brothers,  sister,  friends,  adieu.  May  my  brothers  and  sister  pro- 
cure to  you  that  consolation  which  I  cannot.  *  *  *  I  request  my  brothers 
William  and  James  to  pursue  their  studies  with  assiduity,  preserving  peace  and 
good-will  willi   all  good  men.      Father,  sister,  brothers,  and  friends  —  farewell. 

[Signed]  "Charles  Lucas." 

This  meeting,  however,  resulted  simply  in  the  wounding 
of  both,  and  Mr.  Lucas  became  so  weak  from  the  loss  of 
blood  that  it  became  necessary  to  postpone  the  fight  to  an- 
other day;  andthey  again  met  on  September  27th  following, 
when  Mr.  Lucas  fell  at  the  first  shot,  and  died  within  an  hour. 
After  he  fell,  Colonel  Benton  approached  him  and  expressed 
his  regret  at  what  had  occurred,  when  Mr.  Lucas  extended 
to  him  his  hand,  saying,  "  I  forgive  you  —  I  forgive  yoti." 
The  correspondence  between  them,  and  the  particulars  of  the 
meeting,  will  be  seen  more  at  large  in  the  sketch  of  Mr.  Ben- 
ton's life. 

The  death  of  Mr.  Lucas  was  a  serious  loss  to  the  profes- 
sion, not  only  on  account  of  his  exalted  character,  but  be- 
cause he  was  rapidly  rising  as  a  lawyer. 

Five  of  his  brothers  met  death  by  violence. 


Andrew  S.  Hughes. 

Clay  County,  Missouri,  has  always  been  noted  for  the 
ability  of  its  bar,  among  whom  still  living  are  those  distin- 
guished jurists.  General  A.  W.  Doniphan  and  Hon.  George 
W.  Dunn,  and  among  the  pioneers  were  John  Thornton  and 
Andrew  S.  Hughes. 

Of  the  life  of  Mr.  Thornton  we  have  already  given  a  brief 
sketch,  and  will  now  endeavor  to  preserve  some  recollection 
of  the  latter,  who  was  born  in  Bourbon  County,  Kentucky, 
on  February  9,  1792.  His  father,  David  Hughes,  was  a  gal- 
lant soldier  of  the  Revolution,  and  emigrated  from  Virginia 
to  Kentuck)'  in  17S5,  where  the  subject  of  this  sketch 
received  an  academic  education,  and  studied  law  in  the  office 
of  his  brother,  James  Hughes,  and  was  admitted  to  the  bar 
by  the  Supreme  Court  of  Kentucky  in  18 16.  Mr.  Hughes 
practiced  law  in  his  native  state  for  eight  or  nine  years^  and 
then  removed  to  Clay  County,  in  this  state,  where  he  con- 
tinued the  practice  till  his  death,  in  1843.  One  of  his  sons, 
the  Hon.  Bela  M.  Hughes,  is  one  of  the  most  distinguished 
citizens  of  Colorado,  and  at  the  last  election  in  that  state  was 
the  Democratic  candidate  for  governor.  We  served  with  him 
in  the  Legislature  of  Missouri. 

Andrew  S.  Hughes  was  a  sound  lawyer,  and  enjoyed  a 
fine  practice  in  north-west  Missouri.  He  was,  moreover,  a 
man  of  fine  literary  tastes,  and  in  English  literature  very  few 
excelled  him.  Before  leaving  Kentucky  he  served  in  the 
Senate  of  that  state,  but  after  settling  in  Missouri,  showed 
no  inclination  for  public  life  —  in  fact,  ignored  politics  alto- 
gether, and  devoted  himself  to  his  profession,  in  which  he 
was  very  successful.  As  a  jury  lawyer  few  excelled  him,  for 
he  was  noted  for  his  keenness,  wit,  and  great  power  of  sar- 
casm. In  his  intercourse  with  others  he  was  social,  urbane, 
and  dignified,  and  sustained  throughout  life  a  character  for 


142  BENCH  AND  BAR   OF  MISSOURI. 

unbending  integrity.  There  are  some  still  living  in  Clay 
County  who  knew  him  well,  and  speak  of  him  as  a  man  of 
great  force  of  character. 

He  was  one  of  the  few  whose  acquaintance  we   failed  to 
make. 


Henry  S.  Geyer. 

The  subject  of  this  sketch,  who  was  of  German  extrac- 
tion, his  father  having  been  a  subject  of  Prussia,  was  born  in 
Frederick  County,  Maryland,  in  1798,  and  received  an  ordi- 
nary Enghsh  education.  His  legal  studies  were  pursued 
chiefly  in  the  office  of  his  maternal  uncle,  Daniel  Sheaffee, 
who  was  a  lawyer  of  considerable  repute. 

Mr.  Geyer  volunteered  in  the  War  of  181 2,  and  reached 
the  grade  of  pay-master,  and  was  stationed  for  some  time  at 
Norfolk,  Virginia. 

After  the  close  of  the  war  he  removed  to  St.  Louis,  still 
holding  the  office  of  pay-master,  at  the  same  time  pursuing 
the  study  of  the  law.  At  the  end  of  the  5'ear  he  resigned, 
and  entered  upon  the  practice  of  his  profession.  About  this 
time  he  was  chosen  captain  of  the  first  military  company 
organized  west  of  the  Mississippi  River;  hence  his  title  of 
captain,  by  which  he  was  always  afterwards  known.  Not 
long  after  this  he  became  involved  in  a  personal  controversy 
with  Captain  George  Kennerby,  a  most  worthy  gentleman, 
and  who  in  after-life  became  one  of  our  warmest  friends. 

There  is  no  living  person  who  can  give  a  reliable  account 
of  the  origin  of  the  difficulty,  but  it  seems  Captain  Geyer 
considered  himself  affronted,  and  challenged  Captain  Ken- 
nerby, who  without  hesitation  accepted  it,  and  they  met  at 
Bloody  Island,  and,  with  pistols,  at  ten  paces  exchanged 
shots.  Kennerby  was  wounded  in  the  leg,  and  so  severely  as 
to  be  unable  to  stand,  and  therefore  the  parties  separated  to  . 
renew  the  fight  at  another  time  ;  but  by  the  interposition  of 
mutual  friends  the  difficulty  was  honorably  and  amicably 
settled,  and  they  continued  friends  through  life. 

Captain  Geyer  was  a  prominent  member  of  the  Convention 
called  to  frame  our  State  Constitution,  and  served  two  ses- 
sions in  our  State  Legislature,  during  the  last  of  which  he  was 


144  BENCH  AND  BAR    OF  M/SSOirAV. 

speaker.  No  man  ever  sat  in  our  General  Assembly  who 
rendered  more  efficient  service  to  the  state  than  Captain 
Geyer,  for  there  is  scarcely  an  important  law  upon  our 
statute-book  which  does  not  bear  the  impress  of  his  labor  and 
genius.  Instead  of  spending  his  time  in  political  discus- 
sions and  party  wranglings,  he  was  constantly  employed  in 
amending  and  improving  our  laws,  repealing  such  as  had 
been  found  injurious,  and  adding  to  others  such  provisions 
as  experience  had  shown  necessary.  Particularly  did  he 
give  his  attention  to  the  Code  of  Practice  as  found  in  the 
revision  of  1835.  His  handiwork  can  be  traced  to  almost 
every  page  of  the  Practice  Act  under  that  revision;  and  if 
we  live  a  thousand  years  we  shall  not  have  a  better  one. 
Pleading  was  then  a  science,  founded  upon  the  wisdom  and 
experience  of  centuries  ;  but  it  was  in  the  way  of  the  legal 
quacks,  and  to-day  we  live  under  a  s}'stem  that  is  next  to 
a  farce,  for  half  of  the  time  of  the  courts  is  spent  in  a  vain 
endeavor  to  ascertain  what  issues  are  to  be  tried  —  what  is 
the  real  matter  in  controversy  —  and,  at  last,  we  go  into  trial 
blindfolded,  feeling  our  way  like  the  pilot  of  a  vessel  in  a 
dense  fog,  and  it  is  only  when  we  approach  the  end  of  a 
trial  that  the  court  and  jury  begin  to  discover  the  real  mat- 
ters in  dispute.  In  1825  he  published  the  best  digest  of  our 
laws  we  have  ever  had. 

Captain  Geyer  was  retained  in  nearly  all  of  the  important 
land  suits  growing  out  of  Spanish  grants.  New  Madrid  loca- 
tion, etc.,  and  in  the  Supreme  Court  of  the  United  States 
came  in  contact  with  the  brightest  lights  of  the  profession, 
such  as  Webster,  Ewing,  Reverdy  Johnson,  and  others;  and 
it  is  no  disparagement  to  them  to  say  that,  in  the  class  of 
cases  referred  to,  he  was  a  match  for  any  of  them. 

In  the  Dred  Scott  case,  which  excited  so  much  interest 
throughout  the  country,  he  made  a  masterly  argument,  and 
succeeded  in  eliciting  a  decision  adverse  to  the  preconceived 
opinions  of  the  profession. 

But  the  case  in  which  Captain  Geyer  gained  his  greatest 
reputation  was  that  of  The  State  vs.  Darnes,  which  was  tried 
in    the   Criminal    Court   of  St.   Louis  in    1 840.      Darnes   was 


HENRY  S.   GEYKR.  1 45 

indicted  for  manslaughter  for  the  kilHng  of  Davis,  and  Mr. 
Geyer  appeared  for  the  defense.  Davis  was  the  pubhsher 
of  a  Democratic  newspaper  called  Tlie  Argus,  printed  in  St. 
Louis,  and  Colonel  William  Gilpin  was  the  editor.  An  arti- 
cle appeared  in  the  paper  denouncing  a  certain  class  of 
politicians,  and  Mr.  Darnes  assumed  that  it  applied  to  him, 
and  addressed  a  note  to  Mr.  Davis  asking  for  an  explanation. 
Davis  refused  to  give  it,  and  the  next  morning  Colonel  Gil- 
pin announced  himself  as  the  author,  and  proclaimed  his 
readiness  to  give  satisfaction  to  any  person  who  felt  himself 
aggrieved.  Gilpin  was  well  known  to  be  a  fighting  man,  while 
Davis,  who  had  nothing  to  do  with  the  editorial  department 
of  the  paper,  was  a  small,  inoffensive  man,  who  never 
engaged  in  broils  or  difficulties  with  any  one.  Darnes,  who 
was  a  large,  stout  man,  instead  of  meeting  Gilpin,  waylaid 
Davis  and  struck  him  several  severe  blows  with  an  iron  cane, 
the  butt  end  of  which  was  lead  covered  with  leather.  The 
first  blow  was  struck  with  the  small  end,  and  the  others  with 
the  butt  end,  resulting  in  some  fractures  of  the  skull.  It 
occurred  near  the  old  National  Hotel,  on  Third  and  Market 
Streets.  Davis  was  immediately  taken  to  the  hospital,  and 
died  on  the  eighth  day.  On  the  day  of  the  difficulty  Dr. 
Beaumont,  a  skillful  surgeon,  in  presence  of  other  surgeons, 
performed  the  operation  known  as  trephining. 

For  the  benefit  of  such  of  our  readers  as  may  not  under- 
stand the  nature  of  that  operation,  we  would  state  that  the 
trephine  is  a  circular  or  cylindrical  saw  with  a  handle  like 
that  of  a  gimlet,  and  a  little,  sharp  perforator,  called  the 
center-pin,  and  is  used  in  fractures  of  the  skull  causing  com- 
pression of  the  brain.  The  skull-bone  is  raised  so  as  to  re- 
lieve the  compression.  It  is  a  dangerous  operation,  requir- 
ing great  skill,  and  only  resorted  to  in  extreme  cases.  It 
was  contended  by  Mr.  Geyer  that  the  death  of  Davis  re- 
sulted from  this  operation,  and  not  from  the  injury  inflicted 
by  Darnes. 

The  most  eminent  surgeons  and  physicians  of  St.  Louis 
were  called  upon  to  testif)'  as  to  the  nature  and  effects  of  the 
operation,  and  it  was  agreed  between  counsel  that  the  writ- 
lO 


146  BENCH  AND  BAR   OF  MISSOURI. 

ings  of  Sir  Astley  Cooper  and  other  eminent  surgeons  on 
that  subject  should  be  received  as  evidence  in  the  cause. 
This  opened  a  very  wide  field  of  inquiry,  and  Mr.  Geyer 
spent  two  days  in  the  delivery  of  one  of  the  most  profound 
arguments  ever  heard  in  a  court  of  justice.  It  was  published 
in  pamphlet  form,  and  republished  in  Boston,  and  to  this 
day  is  referred  to  as  authority  b}-  the  New  England  bar  in 
all  analogous  cases.  It  gave  him  at  once  a  national  reputa- 
tion as  a  lawyer  and  jurist. 

To  give  the  reader  some  idea  of  his  style  of  declamation, 
and  the  power  of  language  which  was  always  at  his  com- 
mand, we  give  an  extract  from  that  portion  of  his  speech  in 
which  he  referred  to  the  licentiousness  of  the  press  : 

"  There  are  other  considerations  which  will  account  for  the  unusual  throng, 
the  deep  concern  in  the  issue,  manifested  here  and  elsewliere.  It  is,  indeed,  a 
trial  of  extraordinary  importance,  involving  the  most  momentous  questions,  far 
exceeding  in  importance  the  mere  conviction  or  acquittal  of  Darnes  —  questions 
aifecting  the  best  interests  of  society,  in  which  you,  and  I,  and  every  member 
of  this  community,  present  or  absent,  are  as  deeply  concerned  as  the  accused. 
You  are  now  called  upon  to  decide  whether  the  people  of  this  country  are  to 
be  exposed  to  the  arbitrary  tyranny  of  the  press  —  the  defenseless  victims  of 
its  relentless  cruelty  ;  whether  it  is  to  be  cherished  and  encouraged  in  its  li- 
centiousness, by  denying  to  its  victims  all  adequate  redress,  and  punishing 
them  as  felons  if  they  attempt  to  redress  themselves  and  by  accident  or  mis- 
fortune exceed  the  just  measure  of  retribution;  whether  we  shall  foster  and 
protect  in  our  midst  a  vampire  gnawing  at  the  very  vitals  of  social  order,  and 
assailing  with  remorseless  cruelty  our  most  cherished  professions;  whether  in 
this  country  a  man  may  be  struck  to  the  dust  by  merciless  assaults  upon  his 
character  and  honor,  or  wounded  to  the  heart  through  his  domestic  relations, 
the  cherished  objects  of  his  fondest  affection,  without  a  remedy  — for  over  all 
these  a  licentious  press  asserts  its  usurped  jurisdiction,  and  all  are  equally  ex- 
posed to  its  blighting  and  withering  influence,  all  equally  unprotected.  You 
will  determine,  then,  whether  these  are  not  injuries  for  which  the  law  affords  no 
redress;  abuses  against  which  it  interposes  no  shield  to  protect  us;  wrongs 
which  we  must  resent,  or  be  dishonored  and  disgraced;  damages  against  which 
we  not  only  may,  but  must,  protect  ourselves." 

The  prosecution  brought  into  court  a  part  of  the  skull  of 
the  deceased,  for  the  purpose  of  letting  the  jury  see  the 
effect  of  the  blows,  and  to  better  enable  the  surgeons  who 
were  witnesses  in  the  case  to  explain  the  method  of  trephin- 
ing.    The  same  thing  was  done  by   the   prosecution   in   the 


HENRY  S.   GEYER.  1 47 

celebrated  case  of  John  C.  Colt,  who  was  convicted,  in  1842, 
of  the  murder  of  Samuel  Adams,  committed  in  the  city  of 
New  York  in  September,  1841. 

Apprehensive  that  it  might  tend  to  prejudice  the  jury, 
Captain  Geyer  attempted  to  evade  its  effect  by  the  following 
ingenious  appeal.     Said  he  : 

"  I  now  approach  a  subject  which  I  would  gladly  have  avoided.  It  is  one, 
however,  which  we  did  not  introduce  —  it  was  pressed  upon  us  against  our 
wishes  ;  but,  since  our  adversaries  will  have  it  in  the  case,  I  will  not  shrink  from 
it,  unpleasant  as  it  is.  Still,  I  enter  upon  it  with  reluctance,  because,  in  speak- 
ing to  the  testimony,  I  may  be  compelled  to  deal  harshly  in  relation  to  profes- 
sional acts  of  gentlemen  toward  whom  I  entertain  no  unkind  feelings,  and  with 
whom,  personally,  I  maintain  friendly  relations.  But  I  am  coerced  into  the 
examination  by  the  extraordinary  exhibition  gotten  up  on  this  trial ;  and  for 
the  consequences  our  adversaries,  and  not  we,  are  responsible. 

"  It  seemed  to  me  evident  from  the  beginning,  as  well  from  what  I  saw  as 
what  I  had  heard,  that  some  extraordinary  appliances  were  to  be  resorted 
to,  and  that  the  gentlemen  had  determined  upon  a  scene.  The  skull  was  pre- 
pared for  the  occasion,  not  for  the  purpose  of  scientific  illustration,  or  the 
elucidation  of  any  surgical  question,  but  for  show.  It  was  exhibited,  not  as 
evidence,  but  for  theatrical  effect;  and  as  soon  as  it  had  subserved  its  pur- 
pose it  disappeared.  Nor  was  it  all  brought  —  only  so  much  of  it  as  suited 
their  purpose  was  exhibited.  We  had  not  even  an  opportunity  allowed  us  to 
test  the  skill  of  the  operators  by  an  examination  of  the  fragment ;  even  that 
vanished  as  soon  as  the  show  was  over.  [Mr.  Engle  tlien  said,  "It  was  deposited 
with  the  clerk."]  It  is  on  file,  is  it  ?  There  let  it  remain ;  nobody  could  expect 
to  find  it  there  —  certainly  I  did  not.  It  is  well  hidden  where  it  is.  I  don't 
desire  now  to  repeat  the  revolting  exhibition." 

It  is  only  necessary  to  state  that  the  prisoner  was  con- 
victed of  manslaughter  in  the  third  or  fourth  degree,  amount- 
ing virtually  to  an  acquittal.  During  the  trial  the  most 
intense  excitement  prevailed  throughout  the  city,  and  the 
court-room  was  densely  packed  from  morning  till  night. 

The  prosecution  was  conducted  by  Mr.  Engle,  the  circuit 
attorney,  and  Hon.  Thomas  T.  Gantt,  late  judge  of  our 
Court  of  Appeals ;  and  in  the  defense  Captain  Geyer  was 
assisted  by  Beverly  Allen,  Esq.,  and  Joseph  B.  Crockett, 
the  latter  being  one  of  the  present  judges  of  the  Su- 
preme Court  of  California.  This  array  of  eminertt  counsel 
added  greatly  to  the  interest  of  the  case,  and  we  regret  that 


148  BENCH  AND  BAR   OF  MISSOURI. 

the  scope  of  this  work  will  not  permit  us  to  give  a  few 
extracts  from  the  able  speech  of  Judge  Gantt. 

Captain  Geyer  was  a  bold,  logical,  fluent,  and  argumenta- 
tive speaker,  never  indulging  in  mere  flights  of  rhetoric  or 
oratory;  but  was  without  an  equal  in  sarcasm,  invective, 
irony,  and  ridicule,  and  when  he  had  occasion  to  use  them, 
was  terrific.  We  do  not  claim  that  he  was  a  finished  orator, 
but  one  of  the  chief  standards  of  oratory,  the  power  to 
convince  and  sway  the  minds  of  his  hearers,  he  certainly 
possessed  in  an  eminent  degree. 

If  called  upon  to  decide  who,  in  our  judgment,  was  the 
greatest  lawyer  at  the  Missouri  bar,  we  should  unhesitatingly 
say  Henry  S.  Geyer ;  not  that  he  was  the  superior  of  Gam- 
ble, Leonard,  or  Field,  in  his  knowledge  of  the  law  relating 
to  real  estate  ;  not  that  he  was  the  equal  of  Josiah  Spalding 
as  a  commercial  lawyer;  nor  the  equal  of  Edward  Bates  in 
impassioned  eloquence;  yet,  taking  everything  into  consid- 
eration, he  was  the  superior  of  all. 

He  mingled  but  little  with  the  people,  and  was  generally 
regarded  as  a  cold,  selfish,  reserved,  and  austere  man,  which 
no  doubt  was  in  many  respects  true  ;  for  no  one  —  not  even 
those  who  were  allied  to  him  by  blood  —  could  claim  to  be 
oi:  terms  of  intimacy  with  him.  He  never  manifested  any 
feeling  or  fondness  for  any  of  his  associates,  and,  outside  of 
his  (Hvn  family,  never  reposed  in  any  one  that  confidence 
A\  hich  is  indispensable  to  pure  friendship.  Notwithstanding 
this,  he  exhibited  a  relish  for  fun,  humor,  and  anecdote,  and 
not  onl}'  enjoyed  a  good  joke  himself,  but  was  the  author  of 
many  on  others. 

He  told  a  very  good  one  on  Governor  Polk.  He  and  Mr. 
Polk  were  attending  court  in  one  of  the  adjoining  circuits, 
and  one  morning  several  prisoners  were  brought  into  court 
to  receive  sentence,  and  among  them  one  who  had  been  con- 
victed of  murder  in  the  first  degree.  An  old  lady  came  into 
the  court- room,  and  seeing  Captain  Geyer  sitting  near  the 
counsel-table,  and  supposing  him  to  be  a  lawyer,  requested 
him  to  point  out  the   murderer.      Mr.  Polk  was  standing,  at 


HENRY  S.   GEYER.  1 49 

the  time,  near  the  prisoners'  dock,  and  Captain  Geyer  pointed 
to  him.  The  old  lady  took  a  good  look  at  him  through  her 
spectacles,  and  ejaculated,  "  The  wretch  !  What  a  horrible 
countenance  !      The  mark  of  Cain  is  upon  his  face." 

Upon  another  occasion,  while  attending  court  in  Franklin 
County,  the  judge  directed  the  sheriff,  ^\•ho  had  been  lately 
appointed  and  knew  but  few  of  the  lawyers,  to  call  at  the 
door  Mason  Frizell.  The  sheriff  not  hearing  the  name 
very  distinctly,  made  inquiry  of  Captain  Geyer,  whom  he 
supposed  to  be  a  lawyer,  and  received  for  reply,  "  Mason 
Freeze-hell."  Three  times  did  the  sheriff  call  the  name  at 
the  top  of  his  voice,  placing  the  accent  upon  the  word  "  h — 1." 
The  court  and  audience  were  convulsed  with  laughter,  and 
in  the  midst  of  it  in  stepped  Mr.  Frizell,  greatly  excited,  and 
wanting  to  know  why  he  was  thus  insulted.  The  sheriff, 
who  had  been  made  aware  of  his  mistake,  arose,  and  apolo- 
gized by  stating  that,  being  a  little  deaf,  he  did  not  catch  the 
name  as  given  b}'  the  court,  and  made  inquiry  of  a  gentle- 
man near  him,  and  whom  he  supposed  was  an  attorney,  but 
who  (taking  a  good  look  over  the  court-room)  was  not  then 
present.  Captain  Geyer,  seeing  Mr.  Frizell  enter  one  door, 
quietly  walked  out  of  the  other,  and  went  to  the  hotel. 

In  his  long  experience  at  the  bar  he  sometimes  became 
involved  in  personal  difficulties,  occasionally  with  counsel, 
and  not  unfrequently  with  parties  litigant;  but  he  had  an 
adroit  way  of  extricating  himself. 

Upon  one  occasion  he  was  defending  a  suit  brought  by 
one  John  Withington,  a  farmer  in  good  circumstances,  but 
afflicted  with  an  inordinate  love  of  litigation.  He  was  nat- 
urally a  good-hearted  man,  but  took  great  delight  in  attend- 
ing the  sessions  of  the  court,  and,  to  avoid  the  charge  of 
loafing  about  the  temple  of  justice,  always  contrived  to 
have  two  or  three  cases  of  his  own  on  the  docket ;  but  if  he 
ever  met  with  success  in  one,  it  had  escaped  the  recollec- 
tion of  the  oldest  inhabitant  of  the  county. 

Captain  Geyer  knew  him  well,  for  at  least  on  one  occasion 
he  had  been  his  counsel.  In  the  case  of  which  we  are  speak- 
ing, Withington  received  from  the  captain  a  terrible  tongue- 


150  BENCH  AND  BAR   OF  MISSOURI. 

lashing,  which  he  determined  to  resent;  and,  meeting  liim 
after  court,  approached  him  with  a  raised  cane  and  de- 
manded a  complete  retraction.  "  Withing  on,"  said  Captain 
Geyer,  "  what  do  you  mean  ?  I  have  not  said  a  word  against 
you.".  "Did  you  not,"  said  Withington,  "tell  the  jury  that 
I  was  a  pest  to  society;  that  I  spent  half  of  my  days  in  cre- 
ating trouble  among  neighbors ;  that  I  was  a  promoter  of 
broils  and  dissensions  ;  and  that  I  was  an  imp  of  the  devil, 
and  a  most  faithful  servant  of  his  satanic  majesty?  Did  you 
not  say  all  this,  and  much  more?"  "Why,"  said  Geyer, 
"Jack,  }'ou  are  a  fool.  Is  it  possible  that  after  your  long 
experience  in  the  courts  you  have  never  yet  learned  that 
what  falls  from  the  lips  of  a  lawyer  in  court  his  client  is  re- 
sponsible for — that  it  is  his  client  speaking  through  him?" 
"  Well,"  said  Jack,  "  I  had  not  thought  of  that,  Captain,  and 
I  w^ill  go  and  hunt  up  Smith  and  settle  it  with  him." 

Jeafferson,  in  his  book  about  lawyers,  an  English  work, 
gives  a  somewhat  similar  scene  between  Curran  and  a  wit- 
ness whom  Curran  had  abused  most  unmercifull}'.  The 
witness  called  at  his  room  the  next  morning,  before  he 
was  up,  and,  waking  the  barrister,  said  :  "  I  am  the  gen- 
tleman whom  you  insulted  yesterday  in  his  majesty's  court 
of  justice,  in  the  presence  of  the  whole  county;  and  I  am 
here  to  thrash  you  soundly."  Thus  speaking,  the  intruder 
waved  a  horsewhip  over  the  lawyer.  "You  don't  mean  to 
strike  a  man  when  he  is  lying  down?"  said  Curran.  "No, 
bedad,  I'll  just  wait  till  you  have  got  out  of  bed,  and  then  I'll 
give  it  to  }'ou  sharp  and  fast."  Curran's  eye  twinkled  mis- 
chievously, as  he  rejoined,  "If  that's  the  case,  by  G — d  I'll 
lie  here  all  day."  So  tickled  was  the  visitor  with  this  humor- 
ous announcement,  that  he  dropped  his  horsewhip,  and,  dis- 
missing his  anger  with  a  hearty  roar  of  laughter,  asked  the 
counselor  to  shake  hands  with  him. 

To  speak  of  all  his  resources  upon  the  trial  of  a  cause 
would  lengthen  this  sketch  beyond  proper  limits.  We  will, 
however,  refer  to  a  few.  If  trying  a  cause  before  a  jury, 
unexpected  or  damaging  evidence  never  disconcerted  him 
for  a  moment ;   nor  could  the  jury  discover  from  his  counte- 


HENR  Y  S.   GE  YEK.  1 5  I 

nance  any  apprehension  as  to  its  effect.  Mr.  Polk  and  Uriel 
Wright  possessed  the  same  faculty,  but  in  a  less  degree. 
Another  faculty  which  he  often  employed  to  good  effect  was 
the  power  to  evade  the  effect  of  evidence  by  turning  it  into 
ridicule.  There  is  no  weapon  that  a  lawyer  can  employ  more 
profitably  than  this ;  but  very  few  possess  it.  No  lawyer  in 
the  United  States  ever  had  it  to  such  an  extent  as  the  late 
Rufus  Choate,  of  Boston. 

In  Parker's  reminiscences  of  him  the  following  instance  is 
given.  Mr.  Choate  was  prosecuting  a  case  against  a  railroad 
company  for  killing  a  man  who  was  attempting  to  drive  across 
the  track.  The  theory  of  the  defense  was  that  death  resulted 
from  the  carelessness  of  the  deceased,  and  not  from  any  fault 
or  negligence  of  the  employees  of  the  road.  A  witness  tes- 
tified that  the  deceased  was  intoxicated  at  the  time,  which 
doubtless  contributed  to  the  accident.  In  his  comments  on 
this  part  of  the  evidence,  Mr.  Choate  said  : 

"  This  witness  swears  he  stood  by  the  dying  man  in  his  last  moments.  What 
was  he  there  for?  Was  it  to  administer  those  assiduities  which  are  ordinarily 
proffered  at  the  bedside  of  dying  men  ?  Was  it  to  extend  to  him  the  consola- 
tions of  that  religion  which  for  eighteen  hundred  years  has  comforted  the  world? 
No,  gentlemen  of  the  jury.  He  leans  over  the  departing  sufferer;  he  bends  his 
face  nearer  and  nearer  to  him  —  and  what  does  he  do  ?  [In  a  voice  of  thunder] 
What  does  he  do  ?     Smells  gin  and  brandy  !  " 

To  show  the  control  of  Choate  over  his  countenance,  Mr. 
Parker  says  that  he  was  once  engaged  in  a  trial  in  the  Fed- 
eral court,  and  in  cross-examining  a  witness  (a  seaman)  who 
had  turned  state's  evidence,  and  had  stolen  money  from  the 
ship  on  the  distant  shore,  the  witness  stated  that  Choate's 
client  instigated  the  deed.  "Well,"  said  Choate,  "  what  did 
he  say  ?  "  "  Well,"  said  the  witness,  "  he  told  us  there  was 
a  man  in  Boston,  named  Choate,  who  would  get  us  off  if  they 
caught  us  zuit/i  the  money  in  our  boots."  This  terrible  thrust 
at  the  counsel  produced  an  uproar  of  laughter,  and  although 
every  eye  was  turned  upon  Choate,  not  the  slightest  effect 
upon  his  countenance  was  observed  ;  and  he  continued  the 
-examination  as  though  nothing  of  the  kind  had  occurred. 

We  do  not  pretend  that  Captain  Geyer  had  this  power  to 


152  BENCH  AND  BAR    OF  MISSOURI. 

the  same  extent,  but  he  had  it,  and  it  added  greatly  to  his 
efficiency  as  an  advocate. 

We  shall  have  occasion  to  refer  to  other  notable  instances 
of  this  rare  gift  when  we  come  to  speak  of  the  life  and  char- 
acter of  Mr.  Blannerhassett,  formerly  of  the  St.  Louis  bar, 
and  who  was  esteemed  one  of  the  ablest  criminal  lawyers  in 
the  state. 

Captain  Geyer  had  often  expressed  a  desire  to  obtain  a 
seat  in  the  United  States  Senate,  and  when  he  finally  suc- 
ceeded, in  1 85  I,  his  friends  entertained  a  strong  hope  that  he 
would  make  a  fine  reputation  as  a  statesman;  but  in  this 
they  were  greatly  disappointed,  for  he  fell  far  below  public 
expectation.  The  fact  is,  he  was  a  mere  lawyer,  and  as 
much  out  of  his  place  in  the  Senate  as  he  would  have  been 
at  the  helm  of  a  ship.  It  is  a  great  mistake  to  suppose  that 
a  successful  lawyer  necessarily  makes  a  successful  statesman. 
Some  of  the  qualities  of  mind  essential  in  one  often  prove 
detrimental  in  the  other.  In  Mr.  Webster,  Mr.  Pinckney,  Mr. 
Berrien,  and  a  few  others  there  was  a  happy  combination 
which  enabled  them  to  e.xcel  in  both  ;  but,  on  the  other  hand, 
Mr.  Choate,  who  had  no  superior  as  a  lawyer,  made  an  in- 
different statesman,  while  Stephen  A.  Douglas,  who  had  few 
superiors  as  a  statesman,  never  exhibited  any  superiority  as 
a  lawyer.  In  Marsh.ill's  short  career  in  the  Senate  he  dis- 
tinguished himself  only  by  an  argument  in  the  Jonathan 
Robbins  case,  which  was  emphatically  the  work  of  a  jurist. 
Had  Judges  Kent  and  Story  been  placed  in  the  Senate,  the 
probability  is  that  they  would  have  proved  eminent  failures. 
The  course  of  education  required  in  each  is  essentially  dif- 
ferent ;  and  to  succeed  in  both,  one  must  be  educated  in 
both. 

It  is  not  strange,  therefore,  that  Captain  Geyer,  who  had 
obtained  a  national  reputation  as  a  lawyer,  should  have  failed 
as  a  senator  to  meet  the  expectations  of  his  political  friends. 

He  died  in  St.  Louis,  March  5,  1859,  ^^  the  age  of  sixty- 
one.  He  was  married  three  times,  and  left  a  widow,  one 
son,  and  two  daughters. 


Austin  A.  King. 

Missouri  has  been  fortunate  in  the  selection  of  her  chief 
magistrates ;  for,  with  few  exceptions,  they  were  men  of 
learning,  ability,  and  integrity.  Such  was  Austin  A.  King, 
who  was  born  in  Sulliv^an  County,  Tennessee,  on  September 
21,  1 80 1.  He  came  from  an  old  Revolutionary  family,  and 
inherited  their  patriotism  and  love  of  country.  He  received 
an  ordinar}'  English  education,  but  after  determining  to  fol- 
low the  law  as  a  profession,  took  private  lessons  in  Latin  and 
Greek,  and  became  a  fair  Latin  scholar.  His  father  was  a 
farmer,  and  Austin  rendered  him  efficient  aid  in  the  cultiva- 
tion of  his  farm,  and  by  so  doing  acquired  habits  of  industry 
and  labor  which  proved  very  serviceable  to  him  in  after-life. 
After  reaching  his  majority  he  commenced  the  study  of  the 
law,  which  he  pursued  for  several  years  with  great  diligence ; 
then  removed  to  Columbia,  Boone  County,  Missouri,  and 
commenced  the  practice,  having  to  contend  with  such  men 
as  Leonard,  Todd,  Gordon,  Rollins,  Clark,  and  Davis. 

He  had  not  long  been  a  resident  of  Boone  before  he  was 
elected  to  represent  that  county  in  the  Legislature — no 
small  honor  when  we  reflect  that  Boone  was  then,  as  now, 
one  of  the  oldest  and  most  intelligent  counties  in  the  state, 
and  the  abode  of  some  of  our  ablest  men.  He  took  an  act- 
ive part  in  the  debates  of  the  House  —  proved  an  energetic, 
hard-working  member,  and  soon  acquired  a  wide  influence  in 
his  party. 

In  1837  he  removed  to  Ray  County,  and  was  soon  after 
appointed  judge  of  the  Fifth  Judicial  Circuit,  which  office 
he  held  until  the  people  of  the  state,  in  1848,  elected  him 
to  the  office  of  governor.  It  was  during  his  administration 
that  the  railroad  system  of  the  state,  which  has  contributed 
so  largely  to  our  population  and  wealth,  was  inaugurated. 
He   was   a   strong   advocate   of  internal  improvements,   and 


154  BENCH  AND  BAR    OF  MISSOURI. 

lent  his  aid  and  influence  to  all  public  enterprises  which  he 
deemed  worthy  and  commendable,  particular!)-  where  they 
tended  to  develop  our  mineral  and  agricultural  resources. 
He  was,  however,  cautious  and  prudent,  and  avoided  as  far 
as  possible  the  incurring  of  any  unnecessary  debt. 

At  the  expiration  of  his  term  of  office  he  returned  to  the 
practice  in  Ray  County,  where  he  had  to  encounter  such 
able  jurists  as  Doniphan,  Dunn,  and  Hughes,  and  soon  took 
rank  with  them  at  the  bar,  and  attained  a  large  and  lucrative 
business. 

In  i860  he  was  selected  to  represent  his  district  in  the 
National  Democratic  Convention,  and  in  the  published  pro- 
ceedings of  that  body  he  is  frequently  referred  to  as  partici- 
pating in  the  debates.  When  the  dark  cloud  of  civil  war 
rolled  over  the  country  he  raised  his  voice  in  behalf  of  his 
government,  and  was  very  bitter  in  his  denunciation  of 
secession. 

In  1862  he  was  selected  by  the  Union  party  to  represent 
his  district  in  Congress,  and  voted  for  a  vigorous  prosecu- 
tion of  the  war,  and  for  all  measures  necessary  to  put  down 
the  Rebellion.  This  closed  his  public  life,  and  he  died  while 
on  a  visit  to  St.  Louis,  in  April,  1870,  in  his  sixty-ninth  year. 

Governor  King  was  a  man  of  vigorous  intellect,  and  ren- 
dered a  faithful  discharge  of  duty  in  every  position  to  which 
he  was  called.  In  no  sense  was  he  brilliant,  yet  few  surpassed 
him  in  forensic  debate.  He  took  that  common-sense,  prac- 
tical view  of  all  public  questions  which  gives  strength  to  a 
speaker,  and  makes  him  formidable  before  a  popular  assem- 
blage. He  was  thoroughly  posted  in  the  political  history 
of  the  government,  and  when  he  encountered  in  debate  one 
who  was  not,  he  scarcely  ever  failed  to  win  a  signal  victory. 
Though  opposed  by  one  of  the  most  popular  and  gifted  men 
of  the  state,  his  majority  for  governor  was  larger  than  that 
of  any  of  his  predecessors,  showing  the  great  confidence  re- 
posed in  him  by  the  people.  As  an  orator  he  never  could 
have  obtained  distinction  ;  for,  though  fluent  and  logical,  he 
had  a  disagreeable  voice,  little  imagination,  and  none  of  the 
graces  of  gesture  which  are  so  effective  in  many  of  our  pub- 


AUSTIN  A.  KING.  155 

lie  speakers.  He  was  an  eminently  practical  man,  with  great 
energy  and  endurance,  which  enabled  him  to  overcome  ob- 
stacles that  to  many  would  seem  insurmountable.  He  was, 
moreover,  a  man  of  fine  habits,  and  free  from  those  vices 
which  so  frequently  beset  our  public  men. 

As  a  judge  he  was  learned,  patient,  and  impartial,  and 
gave  universal  satisfaction  to  the  bar;  and  with  the  younger 
members  was  a  great  favorite,  for  he  was  kind  and  indulgent 
to  them,  and,  when  it  was  in  his  power,  would  aid  and  assist 
them.  In  his  private  relations  he  was  social  and  domestic, 
and  a  truly  practical  Christian.  We  met  him  on  several 
occasions,  transacted  business  with  him  when  governor  of 
the  state,  and  always  found  him  a  practical,  high-toned  gen- 
tleman. 

He  left  a  large  family,  and  some  of  his  sons  have  since 
filled  positions  of  honor  and  trust. 


Jacob  T.  Tindall. 

Upon  the  bloody  field  of  Shiloh  fell  many  a  patriot  who 
died  that  his  country  might  live.  Such  was  Colonel  Jacob 
Toriam  Tindall,  of  Grundy  County,  Missouri,  one  of  God's 
noblemen,  and  in  the  Grand  River  country  universally 
esteemed  for  the  kindness  of  his  heart  and  the  brightness 
of  his  intellect. 

Colonel  Tindall  was  a  native  of  Kentucky,  born  on  April 
25,  1826,  and  with  his  parents  removed  to  Howard  County, 
Missouri,  where  the  subject  of  our  sketch  was  chiefly 
raised.  When  Jacob  was  only  seventeen  or  eighteen  }-ears 
of  age,  his  father  settled  upon  a  farm  near  Trenton,  Grundy 
Count\%  and  the  only  education  received  by  the  son  was  in 
the  common  schools  of  that  day  ;  but  his  fondness  for  books 
enabled  him  to  some  extent  to  overcome  the  want  of  a  col- 
legiate course.  At  intervals  for  two  or  three  }xars  he 
taught  school,  and  when  quite  young  developed  a  taste  for 
fishing  and  hunting.  It  was  his  delight  to  stroll  through  the 
woods  with  his  dog  and  gun,  and  the  want  of  success  never 
deterred  him  from  its  repetition.  So  devoted  was  he  to  this 
favorite  source  of  amusement  that  his  friends  became  appre- 
hensive that  he  never  would  apply  himself  to  any  profes- 
sional pursuit,  or  business  of  any  kind ;  but  those  ram- 
bles through  the  forest  tended  to  enlarge  his  imagination, 
and  give  greater  scope  to  his  fancy.  Many  a  speech  did 
Patrick  Henry  make  in  the  solitude  of  the  forest,  and  it  is  not 
improbable  that  Mr.  Tindall  may  have  there  acquired  some 
of  the  graces  of  oratory  which  so  distinguished  him  in  after- 
life. As  he  grew  up  he  developed  a  manhood  that  was  com- 
manding and  striking  ;  for  he  was  fully  six  feet  high,  straight, 
as  an  Indian,  with  dark  complexion  and  dark  and  piercing 
eyes  —  in  fact,  the  whole  contour  of  his  face  was  so  marked 
that  a  stranger  could  scarcely  fail  to  notice  him. 


JACOB    T.    TIN D ALL.  I  57 

After  pursuing  the  study  of  the  law  for  about  the  usual 
period  he  was  admitted  to  the  bar,  and  in  a  short  time  took 
rank  among  the  ablest  lawyers  of  his  portion  of  the  state. 
There  was  no  better  logician  in  the  Grand  River  countr)-,  and 
his  commanding  figure,  clear  and  distinct  enunciation,  and 
eas\',  graceful  gesture  stamped  him  as  an  orator  of  no  ordinary 
pretensions.  He  indulged  largely  in  anecdote,  and  had  a 
keen  appreciation  of  the  ludicrous,  which  he  often  employed 
to  great  advantage.  Some  thought  that  he  impaired  the  force 
of  his  argument  by  too  great  indulgence  in  anecdote,  but  his 
happy  application  often  gave  them  the  force  of  argument, 
particularly  when  attempting  to  illustrate  the  weakness  of 
his  adversary's  position.  In  cutting  satire  and  bold  invec- 
tive he  had  no  superior  at  the  bar.  As  a  jur}'  law}'er  he  was 
very  successful.  His  methodical  mind  enabled  him  to  grasp 
and  present  to  the  jury  the  facts  of  the  case  in  the  most 
impressive  form,  and  his  rapid  enunciation  gave  him  the 
power  to  say  a  great  deal  in  a  short  time,  and  thus  avoid 
encroaching  upon  their  patience. 

In  his  intercourse  with  others  Colonel  Tindall  was  social, 
genial,  and  entertaining  —  in  fact  he  was  the  life  of  any  com- 
pany in  which  he  was  thrown  ;  and  here  his  fine  conversa- 
tional powers  appeared  to  great  advantage,  for  no  one  knew 
better  how"  to  adapt  himself  to  the  taste  and  character  of  his 
hearers.      His  fund  of  humor  was  inexhaustible. 

Colonel  Tindall  was  a  great  lover  of  horses,  and  it  was 
said  that  no  one  could  cheat  him  in  a  horse-trade,  for  he  was 
a  shrewd  observer  of  their  points  and  traits,  and  scarcely 
ever  failed  in  his  judgment  of  them.  He  was  very  much 
attached  to  a  horse  he  called  "  Sam,"  which  he  usually  rode 
on  the  circuit.  He  took  "  Sam  "  with  him  into  the  army, 
rode  him  in  the  battle  of  Shiloh,  and  there  fell  from  his  back, 
pierced  through  the  heart  with  a  musket-ball.  "  Sam  "  was 
also  severely  wounded,  but  whether  he  survived  the  battle  is 
not  known. 

Soldiers  frequently  form  very  strong  attachments  for  their 
war-horses.  General  Taylor  took  old  "  Whitey  "  to  Wash- 
ington, and  no  one  about  the  White  House  was  more  petted 


158  BENCH  AND   BAR    OF  MISSOURI. 

or  accorded  kinder  attention.  The  general  would  go  to  the 
stable  daily  to  hold  pleasant  converse  with  his  good  old  steed, 
and  "  Whitey  "  was  as  much  impressed  with  his  importance 
as  any  other  atlacJiv  of  the  president. 

Colonel  Tindall  manifested  very  early  in  life  a  desire  to 
engage  in  military  service,  and  before  his  admission  to  the 
bar  volunteered  in  the  Mexican  War,  and  served  in  the  bat- 
talion of  Missouri  volunteers  commanded  by  Lieutenant- 
Colonel  Gilpin,  in  which  he  held  an  important  commission, 
and  obtained  the  entire  confidence  of  his  commander. 

When  barely  of  the  constitutional  age  he  was  elected  to 
the  Legislature  ;  but  as  he  served  but  a  single  session,  he  had 
no  time  to  establish  much  reputation  as  a  law-maker. 

Colonel  Tindall  had  a  large,  comprehensive  mind,  and  in 
the  performance  of  his  duty  as  a  citizen  knew  neither  North 
nor  South,  East  nor  West,  but  took  in  his  entire  country, 
regarding  the  Union  as  a  solemn  compact  sealed  with  the 
blood  of  our  fathers,  and  too  sacred  to  be  touched  by  sacri- 
legious hands.  He  was  opposed  to  secession  in  every  shape 
and  form,  as  furnishing  no  remedy  for  wrongs  real  or  imag- 
inary. It  could  not  be  said  of  him  that  he  was  influenced 
in  this  respect  by  any  prejudice  against  the  institution  of 
slavery,  for  he  was  born  and  reared  in  a  slave  state,  and 
never  lived  in  any  other.  He  undoubtedly  felt  that  many 
wrongs  had  been  perpetrated  against  the  South  by  incendiary 
publications  and  fanatical  speeches,  but  in  his  judgment  the 
floor  of  Congress  was  the  place  to  obtain  redress,  and  not  in 
the  severance  and  overthrow  of  the  government.  He 
esteemed  it  the  duty  of  every  citizen  to  aid  in  maintaining 
the  Federal  authority  at  all  hazards,  and  he  was  among  the 
first  to  tender  his  services  to  his  government  by  creating 
and  organizing  the  Twenty-third  Missouri  Regiment.  He 
commanded  that  regiment  in  the  battle  of  Shiloh,  sought 
the  post  of  danger,  and  was  shot  down  while  leading  his 
column  in  the  thickest  of  the  fieht. 

Colonel  Tindall  manifested  his  devotion  to  the  Union  at 
the  commencement  of  the  Rebellion,  by  taking  a  seat  as  a 
Union  delegate  in  the  Convention  called  to  take  into  consid- 


JACOB   T.    TIN  BALL.  I  59 

eration  our  relations  towards  the  Federal  government.  He 
seldom  spoke  in  the  Convention,  but  when  he  did,  took  the 
strongest  possible  ground  against  secession.  His  main  work 
was  on  the  Military  Committee,  of  which  he  was  chairman. 
He  framed  and  reported  the  bill  under  which  the  state  mili- 
tia were  organized.  It  was  during  one  of  the  recesses  of 
the  Convention  that  he  organized  the  regiment  which  he 
commanded  at  Shiloh.  He  possessed  in  an  eminent  degree 
those  traits  of  mind  and  character  which  pave  the  way  to 
distinction,  but  his  career  was  cut  short  in  the  morning  of 
his  life.  His  memory  is  fondly  cherished  by  the  people  of 
the  Grand  River  country. 

As  before  stated,  he  fell  at  the  head  of  his  regiment,  in 
the  battle  of  Shiloh,  April  6,  1862,  in  his  thirty-sixth  year. 
When  the  news  of  his  death  reached  the  Constitutional  Con- 
vention, of  which  he  was  a  member,  that  body  adopted  a 
series  of  resolutions,  among  which  were  the  following : 

"Resolved,  That  in  the  death  of  Colonel  Tindall  this  Convention  has  lost  a 
valued  member,  whose  intellect  and  energy,  patriotism,  and  conservative  views 
rendered  him  an  able  and  efficient  member  of  this  body.  That  by  his  untimely 
fate  the  nation  has  lost  a  devoted  patriot  in  the  hour  of  her  peril ;  the  army,  a 
prudent  commander ;  the  society  in  which  he  moved,  an  ornament ;  and  his 
family,  an  affectionate  husband  and  father. 

"Resolved,  That  in  testimony  of  our  appreciation  of  the  deceased,  and 
from  due  regard  to  his  memory,  this  Convention  will  now  adjourn  until  to-mor- 
row morning  at  nine  o'clock,  and  that  the  members  wear  the  usual  badge  of 
mourning  during  the  present  session." 

No  one  who  knew  Colonel  Tindall  in  life  can  visit  the  spot 
where  his  remains  repose  without  dropping  a  tear  upon  his 
grave. 

"  Death  loves  a  shining  mark,  a  signal  blow." 


Carty  Wells. 

The  name  of  this  gentleman  is  very  familiar  to  the  pro- 
fession, for  he  was  not  only  a  prominent  lawyer,  but  a  leading 
politician,  and  for  many  years  judge  of  the  Lincoln  Circuit. 

He  was  born  in  Prince  William  County,  Virginia,  February' 
8,  1805,  and  moved  with  his  father  to  Shelby  County,  Ken- 
tucky, in  the  fall  of  18 10,  where  the  subject  of  our  sketch 
resided  until  he  reached  his  twenty-second  }ear.  He  never 
entered  any  college,  but  obtained  as  good  an  education  as 
the  schools  of  that  day  could  give.  He  applied  himself 
closely  to  his  books,  and  became  a  good  English  scholar. 
After  stud\-ing  law  upwards  of  a  year,  in  the  office  of  Judge 
Venable,  he  came,  in  1827,  to  Missouri,  and  continued  his 
studies  under  the  instruction  of  Judge  Beverly  Tucker,  of 
St.  Charles,  a  prominent  lawyer. 

To  avoid  some  of  the  difficulties  which  the  laws  of  Mis- 
souri imposed  upon  an  applicant  for  a  law  license,  ^Tr.  Wells 
went  to  Jacksonville,  Illinois,  in  the  fall  of  1828,  and  was 
there  licensed  by  the  Supreme  Court  of  that  state,  and,  re- 
turning to  Missouri  with  his  license  in  his  pocket,  applied  to 
the  Supreme  Court,  then  in  session  at  Bowling  Green,  Pike 
County,  and  obtained  a  license  to  practice  in  3kIissouri ;  set- 
tled in  St.  Charles,  and  attended  the  courts  of  St.  Charles, 
Lincoln,  Pike,  Ralls,  and  iSIarion.  Upon  the  organization  of 
Warren  County,  in  1833  or  1834,  Mr.  Wells  was  appointed 
clerk  of  the  Circuit  and  County  Courts  of  that  county,  which 
office  he  held  several  years  ;  but,  being  desirous  of  returning 
to  the  practice,  resigned  and  moved  to  a  farm  near  Troy, 
Lincoln  County,  and  about  1840  or  1842  was  elected  a  rep- 
resentative to  the  Legislature  from  that  county,  became  a 
prominent  member,  and  took  an  active  part  in  all  the  dis- 
cussions. About  1843  he  again  changed  his  residence,  and 
removed    to   Palmvra,  then   the   largest   town   in   north-east 


CARTY   WELLS.  l6l 

Missouri,  and  practiced  there  until  about  1846  or  1847,  when 
he  was  appointed  circuit  judge  of  the  Lincoln  Circuit,  then 
embracing  the  counties  of  Lincoln,  Pike,  St.  Charles,  War- 
ren, Montgomery,  and  Ralls,  and  returned  to  his  farm  near 
Troy.  While  living  in  Palmyra  he  was  elected  from  the 
Marion  District  to  the  State  Senate,  made  a  useful  and  in- 
fluential member,  and  either  at  the  expiration  of  his  term,  or 
shortly  thereafter,  received  the  appointment  of  circuit  judge. 

As  a  politician,  Judge  Wells  was  not  altogether  successful ; 
for  at  times  he  failed  to  work  in  the  harness  with  that  de- 
votion to  his  party  which  was  exacted  of  all  Democratic 
politicians.  Indeed,  he  was  regarded  as  vacillating  and  un- 
reliable ;  for  in  those  days  the  least  departure  from  the  faith 
consigned  a  man  to  his  political  grave. 

As  a  speaker.  Judge  Wells  was  fluent  and  argumentative, 
but  never  made  any  pretensions  to  oratory.  He  was  well 
posted  in  the  political  history  of  the  country,  and  generally 
commanded  the  close  attention  of  his  audience.  He  never 
aimed  at  applause,  and  seldom  received  it ;  for  he  addressed 
himself  to  the  understanding  of  his  hearers,  and  endeavored 
to  secure  their  confidence  and  good-will.  In  his  intercourse 
with  others  he  was  genial  and  pleasant,  and  readily  made 
friends  —  mixed  freely  with  the  people,  and  never  assumed 
an  air  of  superiority.  We  knew  him  well,  but  our  relations 
were  not  intimate. 

He  died  in  Troy,  in  January,  i860,  or  1861,  at  the  age  of 
about  fifty-five. 

Mr.  Wells  displayed  much  ingenuity  in  the  cross-examina- 
tion of  a  witness,  but  on  one  occasion  was  completely  floored 
by  an  old  English  doctor,  who  was  a  witness  in  a  case  brought 
to  contest  the  validity  of  a  will,  upon  the  ground  of  incapacity 
in  the  testator. 

The  witness  testified  that  he  had  known  the  testator  for  a 
long  period  of  time,  and  that  he  did  not  think  his  intellect 
was  sufficient  to  set  the  river  on  fire. 

"What,"  said  Mr.  Wells,  "do  you  mean  by  that  expres- 
sion  ? 

II 


l62  B£.NCH  AND  BAR   OF  MISSOURI. 

"I  mean  what  I  say,  that  I  do  not  think  he  had  sufficient 
strength  of  intellect  to  set  the  river  on  fire !' 

"  Could  you  name  any  well-known  person  in  the  com- 
munity, who,  in  your  judgment,  would  come  under  that  cate- 
gory—  whose  brain  was  not  large  enough  to  set  the  river 
on  fire  ?  " 

"  I  think  I  can  name  several." 

"  Name  one,  if  you  please." 

"  Carty  Wells." 

Amid  a  roar  of  laughter,  Wells  told  the  witness  to  stand 
aside. 

This  is  not  unlike  the  following,  told  by  Edwards  : 

On  a  trial  at  Auburn,  New  York,  the  counsel  for  the  peo- 
ple, after  severely  cross-examining  a  witness,  suddenly  put 
on  a  look  of  severity,  and  said  : 

"  Mr.  Witness,  has  not  an  effort  been  made  to  induce  you 
to  tell  a  different  story  ?" 

"  A  different  story  from  what  I  have  told  ? " 

"That  is  what  I  mean." 

"Yes,  sir;  several  persons  have  tried  to  get  me  to  tell  a 
different  story  from  what  I  have  told,  but  they  couldn't." 

"  Now,  sir,  upon  your  oath,  I  wish  to  know  who  these 
persons  are." 

"  Well,  I  guess  you've  tried  as  hard  as  any  of  'em." 

It  also  reminds  us  of  the  story  related  by  Jeafferson,  of 
George  Jeffreys,  a  celebrated  barrister  in  the  time  of  Charles 
II.,  who  was  famous  at  browbeating  witnesses  ;  but  upon  one 
occasion  he  met  his  master  in  a  countryman  he  was  examin- 
ing. Said  he :  "  You  fellow  in  the  leather  doublet,  pray 
what  are  you  paid  forswearing  ?  "  The  witness  replied,  look- 
ing the  barrister  full  in  the  face,  and  speaking  with  a  voice 
of  hearty  good  humor,  "  God  bless  you,  sir,  and  make  you 
an  honest  man.  If  you  had  no  more  for  lying  than  I  have 
for  swearing,  you  would  wear  a  leather  doublet  as  well  as  I." 

Judge  Wells,  while  on  the  bench,  frequently  indulged  in 
witticisms.  In  this  respect  he  was  not  unlike  Judge  John 
W.  Edmonds,  of  New  York.     Edwards,  in  his  "  Pleasantries," 


CARTY   WELLS.  1 63 

says  that  Edmonds  once  had  a  divorce  case  before  him, 
which  he  took  under  advisement.  He  was  asked  by  counsel 
to  give  a  speedy  decision. 

"Why,"  asked  the  judge,  "what  occasion  is  there  for 
hurrying  about  it?" 

"  If  your  honor  please,  my  client  is  engaged  to  be  married 
again,  and  is  only  waiting  the  termination  of  these  pro- 
ceedings." 

"  Well,"  said  the  judge,  "can't  they  sleep  together  dc  bote 
esse,  and  get  married  mine  pro  tune  ?  " 

Such  pleasantries  were  not  uncommon  with  Judge  Wells, 
and  those  who  attended  the  sessions  of  his  court  naturally 
expected  them. 

He  had,  however,  no  patience  with  a  witness  who  attempted 
to  equivocate,  and  often  reprimanded  them  very  severely. 
Judges  do  not,  as  a  general  thing,  make  sufficient  allowance 
for  the  oddities  and  peculiarities  of  men  who  are  called  upon 
to  testify.  In  our  experience  we  have  heard  witnesses  give 
evidence  who  were  undoubtedly  honest,  and  under  no -cir- 
cumstances would  depart  from  the  truth,  and  yet  there  was 
an  evident  disinclination  to  tell  all  they  knew.  Edwards 
mentions  one  of  this  character  who  testified  in  one  of  the 
New  York  courts.     The  case  was  this  : 

Sol  S.  missed  an  ax,  and  remarked  to  a  hired  man  he 
believed  old  Wheaton  had  stolen  it.  The  latter,  hearing  of 
this,  brought  an  action  for  defamation  of  character.  Ben 
Beebe  was  a  witness. 

"  What  is  your  name  ?  " 

"Bees." 

"Well,  witness,  are  you  acquainted  with   Mr.  Wheaton?" 

"  What,  old  Jo  there  ?     Know  him  ?     I  should  think  so." 

"  Well,  what  is  Mr.  Wheaton's  general  character  in  the 
neighborhood  where  he  resides?" 

"  I'd  rather  not  testify  to  that  question,  squire.  I  am  rtot 
the  man  to  speak  agin  ni}^  neighbor." 

"  Please  answer,  witness.  What  is  Mr.  Wheaton's  general 
character,  and  do  you  think  he  would  steal  an  ax  ?" 

"  If  I  must,  I  must.     As  to  general  character,  I  think  the 


164  BENCH  AND  BAR   OF  MISSOURI. 

least  said  about  tliat  the  better ;  and  as  to  stealing   an  ax, 

that's  a  leading  question." 

The  Court — "Answer  the  question,  witness." 

"  Well,  squire,  don't  know  that  I  can  swear  that  the   old 

man  would  steal  Sol's  ax  ;  but  I'll  tell  you  what  I  can  swear 

to,    squire :     whgn  •  old  Jo   wants   an   ax,    lie    is    bound    to 

have  it!'' 


Samuel  M.  Bay 

Was  born  in  the  city  of  Hudson,  state  of  New  York,  in  the 
year  i8iO;  was  educated  chiefly  in  the  Hudson  Academy, 
an  old  and  honored  institution,  in  which,  besides  the  ordi- 
nary branches  of  an  Enghsh  education,  were  taught  Latin, 
Greek,  and  the  higher  branches  of  mathematics.  For  the 
benefit  of  his  health,  and  to  escape  the  severe  winters  of  the 
North,  he  visited  his  uncle,  Dr.  Joseph  Lovell,  who  was  the 
surgeon-general  of  the  United  States  army,  holding  his 
office  in  Washington  City.  He  remained  in  Washington 
about  two  years,  during  which  time  he  was  a  pupil  in  a  pri- 
vate school  taught  by  Salmon  P.  Chase,  who  afterwards  be- 
came so  distinguished  in  life,  filling  successsively  the  posi- 
tions of  governor  of  Ohio,  United  States  senator,  secretary 
of  the  treasury  under  Mr.  Lincoln,  and  chief  justice  of  the 
Supreme  Court  of  the  United  States. 

Upon  completing  his  studies  with  Mr.  Chase,  he  returned 
to  New  York,  and,  with  the  purpose  of  becoming  a  merchant, 
entered  as  a  clerk  in  a  large  French  importing  house  in  the 
city  of  New  York.  Such  was  the  confidence  reposed  in  him 
by  the  firm,  that  in  less  than  fifteen  months  they  sent  him  to 
Europe  on  business,  where  he  remained  five  or  six  months. 

It  was  while  there  that  he  came  to  the  determination  to 
study  law,  and  on  his  return  to  the  United  States  took  a  trip 
to  the  West,  and  while  in  Columbus,  Ohio,  was  persuaded 
by  Judge  Swayne,  since  one  of  the  judges  of  the  Supreme 
Court  of  the  United  States,  to  enter  his  office  as  a  student. 
Judge  Swayne  often  said  that  Mansfield  Bay  read  more  law 
in  three  months  than  any  other  student  he  ever  had,  in  a 
year.  His  fondness  for  books  commenced  very  early  in  life, 
for  when  a  boy  he  would  retire  from  the  sports  his  comrades 
were  engaged  in  to  peruse  some  book  that  had  fallen  in  his 
hands.     This  passion  never  deserted  him,  for  he  was  a  con- 


1 66  BENCH  AND  BAR   OF  MISSOURI. 

stant  reader  to  the  day  of  his  death.  Whenever  a  new  law- 
book of  any  repute  issued  from  the  press,  he  was  ahnost  cer- 
tain to  obtain  it.  He  studied  law  as  a  science,  and  read  it  with 
as  much  delight  as  a  school-girl  would  read  the  latest  novel, 
but  we  never  thought  that  he  took  the  same  pleasure  in  the 
practice,  though  he  became  a  very  successful  practitioner. 

It  is  not  strange  that  he  should  have  taken  to  the  law,  for 
his  father  and  grandfather  were  successful  lawyers,  the  for- 
mer being  contemporary  with  Martin  Van  Buren,  Joseph  D. 
Monnell,  Elisha  Williams,  John  W.  Edmonds,  Ambrose  L. 
Jordan,  James  Van  Derpool,  and  Killian  Miller,  all  of  whom 
practiced  at  the  bar  of  Columbia  County,  New  York,  and 
became  distinguished  in  the  profession,  and  the  latter  the 
law-partner  of  Ambrose  Spencer,  who  was  for  a  long  period 
presiding  judge  of  the  Supreme  Court  of  New  York. 
Shortly  after  returning  from  Europe  he  visited  Columbia, 
South  Carolina,  and  there  met  for  the  first  time  his  grand- 
uncle,  Judge  Elisha  Hall  Bay,  who  was  judge  of  the  highest 
court  in  that  state  forty-nine  years,  and  when  he  died,  at  the 
advanced  age  of  eighty-six,  was  still  a  judge.  President 
Jefferson  tendered  him  a  seat  on  the  bench  of  the  Supreme 
Court  of  the  United  States,  which  he  declined.  We  have 
often  thought  that  this  visit  to  South  Carolina  had  much  to 
do  in  influencing  his  choice  of  a  profession. 

In  Judge  O'Neall's  "Sketches  of  the  Bench  and  Bar  of 
South  Carolina"  there  is  a  fine  biography  of  Judge  Bay,  in 
which  he  gives  an  anecdote  of  the  judge  that  will  bear 
repetition. 

He  was  engaged  in  the  trial  of  a  criminal,  and  the  state's 
attorney,  or  solicitor,  as  he  is  there  called,  put  upon  the 
stand  a  rather  quizzical  sort  of  witness,  to  prove  that  the 
defendant  had  attempted  to  escape,  and  asked  the  question, 
"  Did  not  the  defendant  elope?  "  The  witness  replied,  "  She 
pulled  string."  "Pull,  pulled  string,"  said  the  judge,  "what 
do  you  mean  by  that?"  "She  cut  dirt,"  was  the  witness' 
reply.  "Cut,  cut  dirt?  —  pull,  pull  string  —  what  do  you 
mean?"  said  the  judge.  "I  mean,"  said  the  witness,  "she 
puffed  the  gravel."      "  Pull,  pull  string  —  cut,  cut  dirt  —  puff. 


SAMUEL  M.  BAY.  1 67 

puff  the  gravel !  "  said  the  judge  ;  "the  man  is  crazy  !  Take 
him  out  of  court,  Mr.  Sheriff."  The  sohcitor  said,  "  He 
means  that  she  eloped."  "  Well,  well,  my  man,  why  could 
you  not  say  so?"  The  witness  replied,  "Every  man  to  his 
notion,  as  the  woman  said  when  she  kissed  her  cow."  This 
startled  the  judge,  as  a  monstrous  thing;  and  he  said,  in  his 
most  emphatic  way,  "This  woman  kiss  a  cow  !  Take  him 
out  of  court,  Mr.  Sheriff." 

O'Neall  tells  another  anecdote  of  the  judge  :  A  case  of 
assault  and  battery  was  pending  in  his  court,  and  Mr.  Bowie 
appeared  for  the  defense.  He  pleaded  mollitcr  nianiis  iin- 
posnit.  The  proof  turned  out  that  his  client  knocked  down 
the  plaintiff  with  a  fence-rail.  The  judge,  in  his  excitement, 
said,  putting  the  accent  on  the  first  syllable  of  Mr.  Bowie's 
name,  "  Mr  Bowie,  Mr.  Bowie,  do  you  call  that  molliter  ma- 
ims imposiiit,  to  knock  a  man  down  with  a  fence-rail,  like  a 
bullock?" 

On  completing  his  studies,  in  1833,  S.  M.  Bay  came  to 
Missouri,  and  settled  in  Union,  the  county-seat  of  Franklin 
County,  and  in  the  first  year  obtained  the  best  practice  at 
that  bar.  In  1836  he  was  elected  to  the  Legislature,  and  at 
the  close  of  his  term  removed  to  Jefferson  City,  where  he 
soon  obtained  a  lucrative  practice.  He  was  soon  after  ap- 
pointed, by  Governor  Boggs,  attorney-general  of  the  state, 
which,  in  addition  to  other  duties,  required  him  to  perform 
the  labor  of  prosecuting  attorney  for  that  circuit,  embracing 
five  or  six  counties,  and  also  made  him  cx-ojftcio  reporter  of 
the  decisions  of  the  Supreme  Court,  all  of  which  he  dis- 
charged with  ability  and  faithfulness.  The  decisions  re- 
ported by  him  will  be  found  in  volumes  5,  6,  7,  and  8,  com- 
mencing in  the  year  1837  and  terminating  in  1843. 

He  was  a  vigorous  and  successful  prosecutor,  and  few^ 
criminals  escaped  punishment  during  his  administration  of 
the  office.  His  prosecution  of  Burr,  who  was  convicted  and 
executed  in  Jefferson  City  for  the  murder  of  his  wife,  gave 
Mr.  Bay  a  wide  reputation  over  the  state.  It  was  one  of  the 
most  remarkable  cases  in  the  history  of  crime.  Burr  was 
living  with  his  third  wife,  who  was  taken  sick,  and,  after  lin- 


1 68  BENCH  AND  BAR   OF  MISSOURI. 

gering  several  weeks  with  a  slow  fever,  died.  The  disease 
completely  baffled  the  skill  of  the  attending  physicians,  who 
were  unable  to  account  for  the  strange  symptoms  which  the 
case  developed.  Burr  was  a  wagon-maker  and  blacksmith, 
and  was  carrying  on  a  large  and  successful  business  in  Jeffer- 
son City.  He  was,  moreover,  a  man  of  excellent  character, 
a  class-teacher  in  the  Methodist  Church,  a  man  of  means, 
who  took  a  large  interest  in  all  public  enterprises.  There 
had  been  no  difficulty  between  him  and  his  wife,  and,  to  all 
outside  appearances,  they  lived  together  happily  and  affec- 
tionately. It  is  not,  therefore,  strange  that  no  suspicion  of 
foul  play  was  suggested  until  the  funeral  procession  reached 
the  cemetery.  Then  a  young  man  who  was  an  apprentice 
in  the  blacksmith-shop  disclosed  to  General  T.  L.  Price  his 
belief  that  Burr  had  murdered  her  by  administering  pounded 
glass  in  her  medicine.  General  Price  did  not  think  there 
was  any  foundation  for  the  suspicion,  but  immediately  ap- 
proached Burr,  and  advised  him  to  insist  upon  a  post-mortem 
examination,  as  the  only  means  of  escaping  an  unjust  accu- 
sation. Burr  opposed  it,  alleging  as  a  reason  that  it  would 
be  harassing  to  his  feelings.  Price  insisted,  and  caused  the 
procession  to  return  to  the  city,  where  an  examination  was 
had,  which  resulted  in  the  finding  in  the  stomach  a  large 
quantity  of  pulverized  glass.  Upon  the  coroner's  inquest 
two  of  Burr's  apprentices,  who  boarded  with  him,  testified 
that  on  repeated  occasions  when  they  entered  the  shop,  on 
returning  from  their  meals,  they  heard  Burr  pounding  some- 
thing above,  and  on  going  up  after  he  left,  found  on  the 
bench  particles  of  pounded  glass,  which  gave  rise  to  their 
suspicions. 

Burr  was  immediately  arrested  and  thrown  in  jail,  and 
when  his  trial  took  place  few  believed  that  a  conviction  was 
possible,  as  there  seemed  to  be  no  evidence  except  that  of 
the  apprentices,  and  that  was  only  circumstantial.  But  Gen- 
eral Bay  had  given  the  case  the  closest  scrutiny,  and  found 
many  corroborating  circumstances,  among  which  was  the 
fact  that  Burr  himself  administered  to  her  the  medicine  pre- 
scribed by  the  physicians,  and  would  not   permit   any  other 


SAMUEL  M.  BAY.  1 69 

person  to  do  it.  It  was  also  ascertained  that  his  first  and 
second  wives  died  under  similar  circumstances,  and  with 
apparently  the  same  disease.  Upon  the  trial  the  state  pro- 
duced a  chain  of  circumstances  pointing  to  his  guilt  which 
the  ingenuity  of  his  counsel  was  unable  to  break,  and  a  con- 
viction necessarily  followed.  On  the  part  of  the  defense 
many  witnesses  were  introduced  whose  testimony  tended 
to  show  that  he  had  lived  happily  with  all  his  wives,  and 
nothing-  had  ever  occurred  to  disturb  their  marital  relations. 
After  the  conviction,  Burr  was  manacled  with  the  irons  he 
had  forged  for  others. 

Prior  to  his  execution  he  made  a  confession  of  his  guilt, 
and  stated  that  he  had  murdered  his  other  wives  in  the  same 
way,  and  assigned  as  the  only  reason  that  he  became  tired 
of  each,  and  wanted  another  wife. 

General  Bay  prosecuted  several  other  cases  of  homicide 
which  resulted  in  convictions  and  executions. 

Upon  the  trial  of  Judge  Leland,  of  the  Howard  Circuit, 
before  the  Legislature,  upon  articles  of  impeachment  alleging 
incompetency,  General  Bay  and  General  Stringfellow  were 
retained  on  the  part  of  the  defense,  both  of  whom  made 
powerful  arguments  ;  but  the  point  made  by  the  defense  in 
the  summing  up  of  the  case,  and  which  produced  the 
greatest  effect  upon  the  minds  of  the  triers,  was  the  fact,  as 
made  evident  b}'  the  production  of  the  State  Reports,  that 
in  proportion  to  the  number  of  appeals  taken  to  the  Su- 
preme Court  from  the  decisions  of  the  circuit  judges,  there 
were  less  reversals  from  Judge  Leland's  circuit  than  any 
other  circuit  in  the  state.  This  fact,  though  by  no  means 
conclusive  of  the  defendant's  competency,  had  a  powerful 
effect  upon  the  Legislature,  and  was  no  doubt  the  chief  cause 
of  the  acquittal ;  for  a  very  few  votes  the  other  way  would 
have  procured  a  conviction.  The  fact  that  General  Bay  had 
been  a  reporter  of  the  decisions  led  him  to  suppose  that  such 
might  possibly  be  the  case,  and  a  most  laborious  investiga- 
tion on  his  part  proved  that  his  supposition  was  well-founded. 
But  even  if  untrue,  the  managers  had  no  time  to  make  the 
investigation,  and  the  fact  was  taken  as  confessed. 


I 

170  BENCH  AND  BAR   OF  MISSOURI. 

While  General  Bay  resided  in  Jefferson  City  he  formed 
a  copartnership  with  the  Hon.  Abiel  Leonard,  of  Howard 
County,  in  their  practice  in  the  Supreme  Court,  which  con- 
tinued until  the  former  removed  to  St.  Louis,  in  the  latter 
part  of  1846  or  early  part  of  1847. 

Shortly  after  General  Bay  commenced  the  practice  in  St. 
Louis  he  was  appointed  attorney  for  the  State  Bank,  and 
soon  attained  a  large  and  lucrative  practice.  In  July,  1849, 
he  fell  a  victix  1  to  the  cholera,  which  at  that  time  was  raging 
most  fearfully.  He  had  been  for  several  months  engaged  in 
erecting  a  dwelling  on  the  Carondelet  Road,  just  outside  of 
the  city  limits,  and  it  was  thought  that  in  superintending  it 
he  had  exposed  himself  too  much  to  the  sun. 

It  is  not  strange  that  a  man  of  his  industry,  energy,  close 
application  to  business,  and  exemplary  habits  should  be  suc- 
cessful as  a  lawyer;  but  one  element  of  his  success  must  be 
attributed  to  his  thorough  knowledge  of  the  common-law 
system  of  pleading,  which  was  then  in  force  in  this  state. 
If  engaged  in  a  cause  the  merits  of  which  were  against  him, 
he  was  very  apt  to  get  some  advantage  in  framing  the  issues, 
and  often  by  adroit  pleading  forced  the  affirmative  upon  the 
opposite  party,  when  he  should  have  assumed  it  himself. 
Many  a  case  did  he  win  in  this  way,  and  counsel  opposed  to 
him  always  felt  uneasy  until  the  issues  were  fully  made  up. 
Not  unfrequently  were  counsel  forced  to  take  a  nonsuit, 
when  they  supposed  that  victory  was  within  their  reach. 

As  a  speaker,  General  Bay  was  fluent,  concise,  and  logical, 
but  never  eloquent.  He  selected  the  strong  points  in  his 
case  and  paid  no  attention  to  the  weak  ones.  In  drawing  an 
instruction  he  was  exceedingly  ingenius,  and  often  drew 
from  the  court  a  declaration  of  law  which,  though  not  objec- 
tionable as  an  abstract  proposition,  was  yet  calculated  to 
mislead  or  deceive  the  jury.  No  counsel  opposed  to  him 
felt  safe  until  the  final  termination  of  the  case. 

Had  he  have  been  spared  a  few  years  longer,  he  would 
unquestionably  have  ranked  among  the  ablest  lawyers  of  the 
West. 

General  Bay  was  a  strong  political  writer,  and  often  con- 


SAMUEL  M.  BAY.  I/I 

tributed  to  the  press  very  able  articles,  more  as  a  matter  of 
pastime  than  anything  else  ;  for  he  never  appended  his  name 
to  his  articles,  preferring  that  the5^  should  appear  as  edito- 
rial. A  short  time  before  his  death  a  series  of  papers 
appeared  in  the  Missouri  Democrat  which  attracted  much 
attention,  and  were  copied  generally  by  the  country  press. 
After  his  death  the  Democrat  announced  that  S.  M.  Bay  was 
the  author.  He  wrote  and  composed  with  great  rapidity, 
and  the  press  were  constantl}^  besieging  him  for  contribu- 
tions to  their  columns.  Though  affiliating  with  the  dominant 
party  of  the  state,  he  never  would  accept  an  office  w^iich  was 
not  within  the  line  of  his  profession. 

In  his  demeanor  he  was  rather  reserved  and  dignified, 
which  made  him  appear  to  a  stranger  haughty  and  overbear- 
ing.    His  studious  habits  had  much  to  do  with  this. 

He  died  comparatively  young,  leaving  a  widow  and  four 
children  —  three  sons  and  a  daughter — to  mourn  his  loss. 

He  was  the  oldest  brother  of  the  author. 


Ephraim  B.  Ewing. 

The  gentleman  whose  name  is  at  the  head  of  this  article 
was  a  prominent  lawyer  of  the  state,  and  for  several  years 
one  of  the  judges  of  our  Supreme  Court.  He  was  born  in 
Todd  County,  Kentucky,  in  May,  1819,  and  was  the  youngest 
son  of  the  Rev.  Finis  Ewing,  a  distinguished  divine  of  the 
Cumberland  Presbyterian  Church.  The  family  came  to  Mis- 
souri in  1820,  and  first  settled  in  Boonville,  Cooper  County, 
and  then  removed  to  New  Lebanon,  in  the  same  county. 
In  1 83 1  they  again  changed  their  residence  to  Lafayette 
County.  Young  Ewing  received  his  primary  education  in 
the  common  schools,  and  was  then  sent  to  the  Cumberland 
College,  at  Princeton,  Kentucky,  where  he  received  a  very 
thorough  and  classical  education.  On  his  return  from  col- 
lege he  commenced  the  study  of  the  law  under  Judge 
Buckner,  a  distinguished  lawyer  from  Kentucky,  who  for  a 
while  taught  a  private  law-school  in  St.  Louis.  He  then 
went  to  Richmond,  in  Ray  County,  and  completed  his 
studies  there  in  the  office  of  his  brother,  Hon.  Robert  C. 
Ewing,  an  able  lawyer,  and  at  the  present  time  the  head  of 
the  Law  Department  of  Trinity  University,  in  Tehuacana, 
Texas.  Ephraim  was  admitted  to  the  bar  in  1842,  and  com- 
menced the  practice  in  Ray  County,  in  partnership  with  his 
brother.  In  the  winter  of  1846-7  he  was  chosen  secretary 
of  the  State  Senate,  and  in  1848  a  presidential  elector  on 
the  Democratic  ticket. 

In  the  following  year  he  was  appointed,  by  Governor 
Austin  A.  King,  secretary  of  state,  and  continued  in  that 
office  during  Governor  King's  administration.  The  position 
was  very  responsible  and  laborious,  for  he  was,  ex  officio, 
superintendent  of  common  schools. 

In  1856  the  triangular  fight  for  governor  took  place. 
Colonel  Benton  was  the  candidate  of  one  wing  of  the  Demo- 


EPHRAIM  B.  EWING.  IJ-i^ 

cratic  party,  Trusten  Polk  of  another,  and  an  opposition 
convention  in  St.  Louis  nominated  Mr.  Ewing's  brother, 
Judge  Robert  C.  Ewing.  The  subject  of  our  sketch  was 
nominated  for  attorney-general  on  the  ticket  with  Mr.  Polk. 
It  was  a  most  exciting  contest,  and  the  two  Ewing  brothers 
frequently  met  on  the  stump  in  opposition,  not  permitting, 
however,  their  affectionate  relations  to  be  disturbed.  The 
state  was  most  thoroughly  canvassed,  and  the  ticket  headed 
by  Governor  Polk  elected. 

In  1859  ^^-  Ewing  resigned  his  office,  and  was  elected 
judge  of  the  Supreme  Court  in  place  of  Judge  John  C. 
Richardson,  resigned.  In  1861,  by  an  ordinance  of  the  State 
Constitutional  Convention,  the  judicial  offices  were  declared 
vacant,  and  Judge  Ewing  resumed  the  practice  in  Jefferson 
City.  We  became  one  of  the  judges  of  the  Supreme  Court, 
and  Judge  Ewing  appeared  before  us  on  several  occasions 
in  the  argument  of  causes  in  which  he  was  retained.  In 
1864  he  removed  to  St.  Louis,  and,  after  practicing  several 
years  at  that  bar,  was  elected  judge  of  the  St.  Louis  Circuit 
Court  for  a  term  of  six  years,  but  in  1872  resigned,  and  was 
again  elected  to  the  Supreme  Bench,  but  in  the  following  June 
fell  a  victim  to  cerebro-spinal  meningitis,  which  was  pre- 
vailing in  a  most  malignant  form.  He  was  then  in  his  fifty- 
third  year.  He  left  a  large  family,  and  his  loss  was  greatly 
deplored  in  and  out  of  the  profession. 

Our  opportunities  of  forming  an  estimate  of  Judge  Ewing's 
professional  ability  were  very  good,  for  while,  as  before  stated, 
we  were  on  the  bench  of  the  Supreme  Court  he  often  ap- 
peared before  us,  as  we  had  frequently  appeared  before  him 
when  he  was  clothed  with  the  same  position.  To  say  that 
Judge  Ewing  filled  every  public  office  held  by  him  with  ability 
and  fidelity  is  only  according  that  merit  which  was  univer- 
sally conceded  to  him.  He  was  by  no  means  a  brilliant  man, 
but  was  thoroughly  educated  in  the  law,  and,  in  his  argu 
ments  before  a  court  or  jury,  was  clear,  lucid,  and  logical ; 
indeed,  he  could  not  be  otherwise,  for  he  not  only  had  a 
good  legal  mind,  but  was  a  diligent  student,  with  unexcep- 
tionable  habits,  and   pursued   the  study  of   the  law  with  a 


1/4  BENCH  AND  BAR   OF  MISSOURI. 

devotion  not  excelled  by  any  other  member  of  the  profes- 
sion. 

Judge  Ewing  had  none  of  the  gifts  of  oratory,  but  was 
always  listened  to  with  close  attention,  for  he  made  but  few 
points  in  a  case,  and  presented  them  with  force  and  perspi- 
cuity. His  decisions  on  the  bench  read  well,  and  are  well 
sustained  by  authority,  for  he  seldom  made  a  citation  which 
did  not  directly  bear  on  the  subject  discussed. 

He  was  a  very  reserved  man,  seldom  mingling  with  the 
masses,  and  the  secret  of  his  popularity  can  only  be  attrib- 
uted to  the  fact  that  the  people  of  the  state  had  unbounded 
confidence  in  his  integrity  and  honesty  of  purpose. 

Upon  the  occasion  of  his  funeral  we  listened  to  a  very  able 
discourse,  delivered  by  the  Rev.  Dr.  Linn,  in  the  Methodist 
church,  the  subject  being  "The  dead  jurist."  The  church 
was  very  large,  and  filled  to  its  utmost  capacity,  evincing  the 
high  appreciation  of  the  people  for  Judge  Ewing's  public  ser- 
vices, and  his  great  moral  worth. 

Judge  Ewing  was  a  tall,  thin,  spare-made  man,  with  a  very 
sedate  look,  and  always  had  the  appearance  of  being  in  ill 
health.  He  raised  a  large  family,  one  of  whom  is  the  wife 
of  United  States  Senator  Cockrell.  Upon  his  death  the  St. 
Louis  bar  met  in  one  of  the  court-rooms  and  paid  the  usual 
tribute  of  respect  to  his  memory. 


JOHN    THORNTON. 

Among  the  pioneers  of  the  Missouri  bar  was  John  Thorn- 
ton, whose  acquaintance  we  made  in  the  winter  of  1836-7. 
He  was  a  native  of  Lancaster  County,  Pennsylvania,  and 
born  in  1786.  When  John  was  only  seven  years  of  age  his 
father  moved  into  Kentucky,  and  the  son  was  sent  to  the 
schools  of  that  day  and  received  a  common-school  educa- 
tion. He  then  studied  law  and  was  admitted  to  the  bar,  but 
what  success  attended  him  in  that  state  we  are  unable 
to  say. 

In  1 8 16  he  came  to  Missouri  and  located  at  old  Franklin, 
where  he  practiced  under  the  territorial  government.  In  the 
same  year  the  common  law  was  introduced  into  Missouri, 
five  years  in  advance  of  the  state  government.  After  resid- 
ing a  few  years  in  old  Franklin  he  changed  his  residence  to 
Liberty,  in  Clay  County,  where  he  continued  during  life. 
He  had  an  extensive  practice,  and  enjoyed  a  fine  reputation 
as  a  law}^er.  He  also  became  a  prominent  Democratic  poli- 
tician, and  commenced  public  life  as  a  member  of  the 
Legislature  from  Clay  County  in  1824.  He  continued  in 
the  Legislature  until  1832,  and  was  speaker  of  the  House 
during  the  sessions  of  1828  and  1830.  The  position  was  then 
regarded  as  next  in  the  line  of  promotion  to  the  governor. 
In  1836  he  again  represented  Clay  County  in  the  General 
Assembly,  and  it  was  during  this  session  that  we  first  saw 
and  became  acquainted  with  him. 

Unfortunately  for  his  political  promotion,  he  opposed 
General  Jackson's  anti-nullification  proclamation,  which 
caused  him  to  lose  caste  with  the  Jackson  wing  of  his  party, 
and  he  never  again  sought  public  life.  He  was  an  ardent 
State-rights  Democrat  of  the  Calhoun  school,  and  looked 
upon  the  proclamation  as  a  Federal  measure,  and  in  conflict 
with  the  reserved  rights  of  the  states. 


1/6  BENCH  AND  BAR   OF  MISSOURI. 

Colonel  Thornton  was  a  lawyer  of  considerable  ability,  al- 
ways able  to  command  a  good  practice,  and  always  occupy- 
ing a  high  position  at  the  bar.  He  was  a  fluent  and  impress- 
ive speaker,  and  popular  and  genial  in  his  manners.  He  had 
a  tall,  manly,  and  imposing  figure,  and  was  attractive  in  per- 
son. He  possessed  a  large  fund  of  humor  and  wit,  the  indul- 
gence of  which  on  one  occasion  involved  him  in  a  personal 
difficulty  with  the  landlady  of  the  hotel  at  Jefferson  City, 
where  he  was  boarding  during  a  session  of  the  Legislature. 

His  seat  was  at  the  head  of  the  table,  and  in  front  of  him 
was  placed  a  roast  pig,  which  appeared  and  reappeared  for 
four  or  five  successive  days  —  a  little  oftener,  in  the  opinion 
of  Mr.  Thornton,  than  was  required  by  the  etiquette  of 
the  table.  On  its  last  appearance,  however,  Mr.  Thornton 
took  his  usual  seat,  and  fixing  his  eye  intently  upon  the  face 
of  the  pig,  remarked  with  a  comical  expression,  and  in  the 
hearing  of  the  landlady,  "  Your  countenance  is  very  familiar; 
we  must  have  met  frequently  before."  In  an  instant  the 
good  lady  grasped  the  pig  by  both  ears  and  hurled  the  car- 
cass at  the  head  of  Mr.  Thornton,  which  barely  escaped  him. 
It  occurred  in  tlie  presence  of  forty  or  fifty  boarders,  and 
the  scene  can  better  be  imagined  than  described. 

This  story  of  the  pig  is  not  unlike  the  one  told  by  Stephen 
F.  Miller  on  the  late  Judge  John  M.  Dooley,  of  Georgia. 
On  one  occasion  he  was  most  happy  in  giving  a  hint  to  a 
landlord  in  one  of  the  counties  of  his  circuit,  who  had  been 
presenting  the  judge  every  day  for  dinner  during  the  court  a 
half-grown  hog  in  the  shape  of  a  stuffed  baked  pig.  The 
cXqnqx,  piinctiial gentleuian  had  attended  upon  the  table  every 
day  without  injury  ;  no  fork  had  pierced  him.  When  first 
asked  to  take  some  of  Xh^  pig,  the  judge  replied  that  he  was 
certainly  a  well-grown />z^  ;  that  he  was  much  larger,  and  in 
better  order,  than  any  of  his  fattened  hogs.  At  the  close  of 
the  term,  on  finishing  the  dinner  of  the  last  day,  he  called 
the  sheriff  to  him  and  ordered  him  to  discharge  the /;^  upon 
his  own  recognizance  to  be  and  appear  at  the  next  term  of 
the  court,  with  the  thanks  of  the  court  for  his  prompt  and 
faithful,  attendance  during  the  term. 


JOHN  THORNTON.  1 7/ 

Colonel  Thornton  raised  a  large  family;  one  of  his 
daughters  became  the  wife  of  that  distinguished  lawyer  and 
soldier,  General  A.  W.  Doniphan.  He  was  a  high-toned 
man,  and,  in  the  enunciation  of  his  opinions,  outspoken  and 
fearless,  paying  little  regard  to  popular  opinion  —  an  element 
in  his  character  not  calculated  to  advance  his  political 
interests. 

He  died  in  1847,  ^^  ^^^  sixty-first  year  of  his  age. 
12 


Thomas  R.  Ansell. 

This  lawyer  was  a  resident  of  Fulton,  Callaway  County, 
Missouri,  and  practiced  his  profession  there  at  least  a  quarter 
of  a  century.  He  was  an  Englishman,  and  born  in  London 
in  1796.  He  received  a  good  English  education,  and  at  the 
age  of  twenty-five  went  upon  the  stage,  and  performed  for 
several  years  with  Edmund  Keene  and  other  distinguished 
actors.  In  1828  he  came  to  America,  and  took  a  tour 
through  all  our  large  cities,  playing  with  Forrest,  Parsons, 
and  the  elder  Booth.  At  the  conclusion  of  an  engagement 
at  Louisville  he  determined  to  abandon  the  stage,  and  went 
to  Lexington,  Kentucky,  where  he  taught  school  for  nearly 
two  years. 

In  1833  he  came  to  Missouri  and  opened  a  school  in  Cal- 
laway County,  and  was  very  successful  as  a  teacher.  He 
was  rigid  and  exacting  in  his  discipline,  and  exceedingly 
punctilious  in  his  demands  of  grammatical  accuracy  upon 
the  part  of  his  pupils,  however  small  and  untutored.  After 
teaching  a  few  years  he  went  into  the  office  of  J.  C.  Hock- 
aday,  Esq.,  clerk  and  recorder  of  the  county,  and  wrote  for 
several  months.  In  recording  deeds  he  exhibited  his  wonted 
exactness  by  insisting  upon  changing  the  orthography  where 
it  was  faulty,  and  reforming  ungrammatical  sentences;  and 
but  for  the  remonstrance  of  Mr.  Hockaday  would  have  made 
the  record  anything  but  a  true  transcript  of  the  deed.  While 
in  Mr.  Hockaday's  office  he  acquired  a  taste  for  the  law,  en- 
tered upon  its  study  at  once,  and  in  1839  was  admitted  to 
the  bar,  and  commenced  the  practice  in  Fulton,  where  he  re- 
sided until  his  death,  in  September,  1866.  He  attempted, 
also,  to  cultivate  a  small  tract  of  land,  but  as  a  farmer  was 
eminently  unsuccessful.  He  became  a  very  laborious  stu- 
dent, and  was  thoroughly  read  in  the  law,  as  is  shown  by  his 
briefs  in  the  Supreme  Court,  which  have  been  rarely  excelled 


THOMAS  R.  AN  SELL.  1 79 

for  legal  research  and  learning.  His  proper  field  in  the  pro- 
fession was  that  of  a  counselor.  As  a  practitioner  he  was 
too  eccentric,  vehement,  impracticable,  and  tedious,  and 
while  addressing  the  court  or  jury  would  enter  so  largely 
into  detail  as  to  weary,  if  not  exhaust,  their  patience.  At 
times  he  would  say  something  that  was  quite  brilliant,  yet  in 
the  next  sentence  destroy  its  effect  by  some  act  or  remark 
which  made  himself  the  subject  of  ridicule.  A  noted  in- 
stance of  this  occurred  upon  the  trial  of  a  cause  in  which  he 
and  Mr.  Hayden  were  engaged,  on  opposite  sides.  He  was 
arguing  before  the  jury  the  proposition  that  the  mere 
declaration  of  a  party  that  he  ivoidd  do  a  certain  thing  was 
no  evidence  that  he  liad  done  it,  and  to  illustrate  his  idea  he 
hallooed  out  at  the  top  of  his  voice,  and  in  his  dramatic  way, 
"  Gentlemen  of  the  jury,  I  am  going  to  jump  out  of  that 
window  [the  window  being  about  fifteen  feet  from  where  he 
was  speaking].  I  tell  you  I  am  going  to  jump  out  of  that 
window  ;"  and  suiting  his  action  to  the  word,  immediateh'  ran 
for  the  window,  placed  his  hands  upon  the  sill,  as  though  in 
the  act  of  jumping,  when  Mr.  Hayden,  who  had  followed 
him,  caught  him  by  the  shoulder,  and,  to  make  the  thing  as 
ludicrous  as  possible,  cried  out  in  his  peculiar  and  solemn 
wa\',  "Judge  Ansell,  don't  jump  out  of  that  window  —  it 
will  hurt  you."  A  roar  of  laughter  followed,  and  the  judge's 
illustration  was  turned  into  a  farce.  But  to  recover  himself 
he  turned  to  the  jury,  when  quiet  was  restored,  and  said, 
"  Gentlemen,  I  told  you  I  would  jump  out  of  that  window, 
but  did  I  do  it?"  At  this  point  Mr.  Hayden  replied,  "No, 
gentlemen,  he  did  not ;  but  it  was  because  I  prevented  him." 
This  produced  another  outbreak  of  laughter,  which  was  only 
suppressed  by  the  court  fining  Mr.  Hayden  ^5. 

As  may  well  be  supposed.  Judge  Ansell's  (he  obtained 
his  title  by  serving  on  the  bench  of  the  County  Court  of 
Callaway  County)  style  of  speaking  was  very  dramatic,  and 
he  was  very  profuse  in  his  quotations  from  Shakspeare  and 
other  dramatic  writers,  and  frequently  with  fine  effect. 
He  never  entered  the  political  arena  but  once,  and  that  was 
during  the  war,  when  he  became  a  candidate  for  the   State 


I  So  BENCH  AND  BAR   OF  MISSOURI. 

Senate.  Had  he  exhibited  any  prudence  he  might  have 
been  elected,  for  the  people  were  disposed  to  gratify  his  po- 
litical aspirations  ;  but  unfortunately  he  issued  a  circular  deal- 
ing some  heavy  blows  against  disloyalty.  In  the  concluding 
part  (jf  it  he  stated  in  italics  that  the  sentiments  he  had 
expressed  were  intended  for  the  she  devils  as  well  as  the  lie 
devils  of  his  district.  As  a  large  majority  of  the  people  of 
Callaway  were  secessionists,  and  the  ladies  decidedly  so, 
Judge  Ansell's  circular  destroyed  all  prospects  of  his  elec- 
tion, and  he  met  with  an  inglorious  defeat. 

The  judge  was  a  man  of  kind  heart  and  generous  im- 
pulses, and  during  his  long  professional  career  no  one  ever 
questioned  his  integrity.  He  was  full  of  sympathy  for  the 
poor  and  unfortunate,  and  never  failed  to  respond  to  the 
calls  of  charity.  He  had  a  high  temper,  was  quick  to  resent 
an  intentional  insult,  but  ever  ready  to  forgive  upon  the  ten- 
der of  a  proper  apology  or  reparation.  Judge  Ansell  never 
married,  though  he  was  fond  of  the  society  of  ladies,  and 
placed  a  high  estimate  upon  the  gentler  sex.  In  their  com- 
pany he  was  very  polite,  but  oftentimes  committed  gross 
blunders,  producing  much  laughter  among  the  girls,  and  yet 
he  seemed  totally  unconscious  of  the  cause  of  the  mer- 
riment. 

At  one  time  he  was  seized  with  a  mania  for  hunting,  and, 
being  unable  to  distinguish  one  bird  from  another,  frequently 
made  himself  the  butt  of  ridicule.  On  one  occasion  he 
killed  a  buzzard,  supposing  it  to  be  a  wild  turkey,  brought 
it  to  his  boardjng-house,  and  became  so  jubilant  over  his 
success  that  he  directed  how  it  should  be  cooked  and 
dressed,  and  actually  invited  one  or  two  friends  to  dine  with 
him,  and  partake  of  the  feast.  Upon  being  told  by  the 
landlord  of  his  mistake,  he  becaine  greatly  enraged,  and  left 
his  house ;  but  it  put  an  end  to  his  hunting  exploits. 

He  once  hired  a  horse  to  ride  to  Jefferson  City,  a  distance 
of  thirty  miles,  to  attend  a  session  of  the  Supreme  Court. 
He  remained  in  Jefferson  several  days,  and  when  about  to 
leave  for  home,  went  to  the  stable  for  his  horse,  and  the 
stable-keeper  delivered  him  the  wrong  horse;  but  the  judge 


THOMAS  R.  AN  SELL.  l8l 

rode  him  home,  and  never  discovered  the  mistake  until  he 
went  to  return  the  animal  he  had  hired. 

Our  acquaintance  with  Judge  Ansell  commenced  about 
thirty  }'ears  ago.  We  met  on  a  steamer  going  up  the  Mis- 
souri, and  both  of  us  were  on  our  way  to  the  Chouteau 
Springs,  at  that  time  a  favorite  watering-place  about  ten 
miles  from  Boonville.  There  were  at  least  thirty  others  on 
board  destined  for  the  same  place,  and  when  we  landed  at 
Boonville,  a  little  after  dark,  we  learned  that  the  town  was 
crowded  with  people,  the  occasion  of  which  we  do  not  now 
recollect.  Mr.  McPherson,  the  proprietor  of  the  principal 
hotel  in  the  place,  came  on  board  and  expressed  his  regrets 
at  not  having  a  vacant  bed  in  his  house.  The  ladies  of  the 
party  were  in  great  tribulation,  and  the  captain  of  the  boat 
was  obliging  enough  to  remain  over  an  hour  to  enable  us  to 
seek  quarters  for  the  night.  Several  reports  came  in  that  no 
quarters  could  be  found.  While  the  judge  and  myself  were 
standing  on  the  wharf,  cogitating  over  our  dilemma,  Mr.  S., 
a  young  lawyer  from  St.  Louis,  with  whom  we  had  a  slight 
acquaintance,  approached  us,  and,  after  the  usual  salutation, 
remarked,  "  I  understand  you  are  looking  for  a  place  to  put 
up  ;  I  have  a  large  room  at  McPherson's,  with  two  double 
beds,  one  of  which  is  at  the  service  of  yourself  and  friend." 
Most  gladly  we  accepted  the  offer,  and  wound  our  way  to 
the  hotel.  The  room  was  one  of  the  best  in  the  house,  and 
contained  two  large  beds.  At  about  twelve  o'clock  the 
judge  and  myself  retired,  and  were  soon  in  the  land  of  happy 
dreams.  S.  came  in  about  an  hour  afterwards,  and 
ensconced  himself  in  the  other  bed.  About  three  o'clock 
in  the  morning  we  were  aroused  by  S.,  who  jumped  into  our 
bed,  seized  the  judge  by  the  throat,  and  a  scuffle  ensued 
which  no  language  can  describe.  In  a  few  minutes  S.  relin- 
quished his  hold  upon  the  judge,  ran  out  of  the  room  yell- 
ing at  the  top  of  his  voice,  and  in  a  moment  the  hall  was 
filled  with  guests  in  their  night-clothes,  male  and  female, 
greatly  alarmed  and  wanting  to  know  the  cause  of  the  dis- 
turbance. The  judge  looked  wild  and  scared,  unable  to  com- 
prehend the  situation,  until  we  told  him  that  our  quondam 


1 82  BENCH  AND  BAR   OF  MISSOURI. 

friend  had  mereh'  received  a  visit  from  the  man  zvith  the 
poker,  and  as  soon  as  he  could  extricate  himself  from  the 
snakes  would  be  all  right  again.  We  brought  S.  back  to  the 
room,  kept  him  awake  for  the  remainder  of  the  night,  and 
next  morning  we  started  for  the  springs.  In  relating  the 
adventure  afterwards,  Judge  Ansell  always  called  it  the  "  bat- 
tle of  the  snakes." 

Shortly  prior  to  the  presidential  election  of  1844  the 
Democrats  of  central  Missouri  held  a  mass  meeting  at  Fay- 
ette, and  a  number  of  speakers  were  invited  from  the  differ- 
ent counties,  and  among  them  Mr.  Ansell.  He  made  an 
excellent  speech,  but  near  the  close  of  it  an  incident 
occurred  which  completely  destroyed  its  anticipated  effect. 
He  was  depicting  in  glowing  colors  the  different  measures  of 
General  Jackson's  administration,  and  enumerating  the 
prominent  acts  of  his  life,  and  at  the  conclusion  of  each  act 
would  say,  "  Who  did  that  ?  "  and  without  answering  it,  pro- 
ceeded to  another  with  the  same  inquiry,  "  Who  did  that  ?  " 
and  after  enumerating  a  dozen  or  more,  raised  his  voice  to 
the  highest  pitch  and  said,  "  I  will  tell  you,  gentlemen  ;  it 
was  the  great  General — "and  before  he  had  time  to  finish 
the  sentence  some  one  in  the  audience  hallooed  out,  "  Jl/ac- 
deth."  In  an  instant  the  meeting  was  convulsed  with  laugh- 
ter, which  the  presiding  officer  was  unable  to  suppress,  and 
Mr.  Ansell  sat  down  a  thoroughl)^  disgusted  man.  The  the- 
atrical attitude  which  he  assumed,  and  his  dramatic  way  of 
propounding  the  question,  no  doubt  suggested  the  inter- 
ruption. 


JOE  Davis 

Was  a  prominent  and  well-known  lawyer  in  Fayette,  Howard 
County.  He  was  born  in  Christian  County,  Kentucky,  Jan- 
uary 14,  1804,  and  came  with  his  parents  to  Missouri  in 
18 1 8,  who  settled  near  Fayette.  Young  Davis  was  very 
solicitous  to  obtain  a  good  education,  for  when  quite  small 
he  often  expressed  his  intention  to  become  a  lawyer,  but  his 
father  was  able  to  give  him  only  such  advantages  as  the 
common  schools  of  that  day  afforded.  He,  however,  took 
private  lessons  in  Latin  from  a  gentleman  in  the  neighbor- 
hood, and  became  a  very  good  Latin  scholar.  This,  added 
to  his  fondness  for  books  and  habits  of  reading,  prepared 
him  to  enter  upon  the  study  of  the  law.  He  had  procured 
a  clerkship  in  the  land-office  at  old  Franklin,  and  devoted 
his  leisure  hours  to  study.  He  pursued  the  study  of  his 
profession  part  of  the  time  with  General  John  Wilson,  of 
Fayette,  and  the  remainder  with  Edward  Bates,  of  St. 
Louis ;  and  on  reaching  his  majority  obtained  a  license  to 
practice,  and  opened  an  office  in  old  Franklin,  but  soon 
after  removed  to  Fayette,  where  he  continued  to  practice 
through  life. 

Before  commencing  the  practice,  however,  he  was  ap- 
pointed by  the  government  one  of  the  commissioners  to 
mark  and  lay  out  a  route  for  a  road  leading  from  our  state 
border  to  Santa  Fe,  in  New  Mexico,  which  was  a  very  labo- 
rious undertaking ;  for  the  commissioners  had  not  only  to 
camp  out  in  all  kinds  of  weather,  but  were  constantly 
exposed  to  attacks  from  hostile  Indians,  who  were  always 
jealous  of  any  encroachments  upon  their  hunting-grounds. 
Young  Davis,  however,  was  bold,  fearless,  and  enterprising, 
and  this  early  adventure  gave  him  a  taste  for  Indian  war- 
fare ;  for  he  afterwards  served  in  two  wars,  in  one  of  which 
he  was  colonel  of  a  regiment  in  General  J.  B.  Clark's  brig- 


184  BENCH  AND  BAR   OF  MISSOURI. 

ade.  When  we  became  involved  in  what  was  known  as  the 
Mormon  War,  Governor  Boggs  placed  him  in  command  of  a 
brigade  of  state  militia. 

Our  acquaintance  with  him  commenced  in  1844,  and  we 
served  two  sessions  with  him  in  the  State  Legislature  com- 
mencing in  that  year,  though  he  continued  to  represent  How- 
ard County  till  1864.  He  was  very  fond  of  political  life,  and 
at  least  once  became  a  candidate  for  Congress  on  the  Whig 
ticket;  but,  as  his  party  was  in  the  minority,  had  necessarily 
to  encounter  a  defeat.  He  was  regarded  in  the  Legislature 
as  a  strong  and  vigorous  speaker,  severe  and  sarcastic  upon 
his  political  adversaries,  and  took  every  occasion  to  give  the 
Democrats  a  rap  on  the  knuckles  for  alleged  inconsistencies; 
but  his  attacks  were  characterized  by  so  much  fun  and  good 
humor  that  no  offense  was  taken,  and  he  in  fact  was  popular 
with  all  parties.  When  he  rose  to  speak,  every  one  expected 
a  good  anecdote,  and  he  scarcely  ever  disappointed  them. 
In  relating  one  he  looked  as  grave  and  serious  as  a  Quaker 
preacher,  and  the  louder  the  laugh  the  graver  he  looked. 
He  had  a  strong  voice,  generally  raised  it  to  a  high  pitch, 
and  spoke  slowly  and  with  much  deliberation. 

He  took  a  deep  interest  in  all  efforts  to  advance  the  cause 
of  education,  and  for  years  was  a  curator  in  the  Central  Col- 
lege at  Fayette,  and  always  contributed  largely  of  his  means 
to  sustain  that  and  other  institutions  of  learning. 

As  a  lawyer  he  was  successful,  and  enjoyed  a  large  prac- 
tice, and  but  for  his  generous  disposition  might  have  accu- 
mulated a  good  fortune. 

He  died  at  his  residence  in  the  vicinity  of  Fayette,  on 
October  7,  1871,  in  his  sixty-eighth  year.  He  left  an  inter- 
esting family  to  mourn  his  loss. 


JOHN    JAMEISON. 

Of  the  early  public  men  of  Missouri  few  were  better 
known,  and  none  more  popular,  than  John  Jameison,  of  Ful- 
ton, Callaway  County.  Of  the  early  life  of  Mr.  Jameison 
but  little  is  known  beyond  the  fact  that  his  education  was 
obtained  in  the  common  schools  of  Montgomery  County, 
Kentucky,  where  he  was  born  near  the  close  of  the  eight- 
eenth century.  In  1825  he  came  to  Missouri,  and  settled  in 
Fulton,  entering  the  law-office  of  William  Lucas,  brother  of 
the  late  James  H.  Lucas,  with  whom  he  completed  his 
studies,  which  had  been  commenced  before  leaving  Ken- 
tucky. In  1826  he  was  admitted  to  the  bar,  and  opened  a 
law-office  in  Fulton.  He  soon  obtained  a  fair  practice,  con- 
sidering the  small  amount  of  litigation  that  then  obtained. 

In  1830  he  was  elected  from  Callaway  County  to  the 
lower  house  of  the  General  Assembly,  and  served  until  1836. 
During  a  part  of  the  time  he  was  speaker.  He  was  by  no 
means  a  thorough  parliamentarian,  yet  few  appeals  were 
taken  from  his  decisions,  as  both  political  parties  reposed 
confidence  in  his  judgment  and  integrity.  In  1839  he  was 
elected  to  Congress  to  fill  a  vacancy  created  by  the  death 
of  Albert  Harrison,  and  served  three  terms.  At  that  time 
congressmen  were  elected  in  Missouri  under  the  general- 
ticket  system,  and  not  by  districts,  as  at  present.  Mr. 
Jameison's  career  in  Congress  was  in  no  sense  brilliant,  yet 
he  made  a  fair  member,  and  proved  a  strong  advocate  of 
Western  interests.  His  dislike  for  Speaker  Winthrop  was  so 
great  that  he  took  particular  pleasure  in  annoying  him  by 
appeals  from  his  decisions,  and  by  rising  to  points  of  order, 
and  upon  one  occasion,  when  under  considerable  excitement, 
made  a  violent  speech  against  him,  charging  him,  among 
other  things,  with  gross  partiality.  It  was  occasioned  by  the 
failure   of  Mr.  Winthrop   to   award  him   the   floor  when   he 


1 86  BENCH  AND  BAR   OF  MISSOURI. 

thought  he  was  fairly  entitled  to  it.  Captain  Jameison  exer- 
cised considerable  influence  in  Congress  by  his  pleasant  and 
affable  demeanor,  and  by  the  good  practical  sense  which  he 
exhibited  on  all  occasions;  but  his  want  of  application  and 
study  prevented  hini  from  obtaining  a  national  reputation. 

As  a  lawyer  he  was  not  profound,  but  as  a  jury  advocate 
was  not  excelled  by  any  one  in  central  Missouri,  and  by  few, 
if  any,  in  the  state.  His  power  consisted  in  his  strong  and 
forcible  presentation  of  the  strong  points  in  his  case,  and  in 
exposing  the  weak  ones  in  his  adversary's.  He  was,  also,  an 
excellent  judge  of  men,  and  seemed  to  divine  almost  at  a 
glance  what  particular  line  of  argument  w^ould  reach  and 
influence  each  juror  —  in  fact,  he  could  almost  read  by  in- 
tuition the  thoughts  of  each  juror  on  the  panel.  If  an 
instruction  of  the  court  was  unfavorable  to  his  cause,  he 
would  gradually  lead  the  attention  of  the  jury  from  it,  and 
thus  escape  partially  its  pernicious  effects. 

His  reluctance  to  labor  and  research  made  it  necessary  for 
him  to  have  a  law-partner,  and  for  many  )'ears  he  was  asso- 
ciated with  the  Hon.  James  K.  Sheely,  now  of  Independence, 
a  fine  lawyer,  and  a  gentleman  who  has  filled  most  credit- 
ably many  places  of  public  trust. 

We  became  Mr.  Jameison's  successor  in  Congress ;  and 
soon  after  he  studied  divinity,  and  became  a  licensed 
preacher  in  the  Christian  Church.  His  success  in  the  min- 
istry was  by  no  means  equal  to  that  at  the  bar.  He  com- 
menced too  late  in  life,  and  was  wanting  in  animation  and 
zeal. 

He  died  in  1855  or  1856,  leaving  a  widow  and  four  chil- 
dren. 

Captain  Jameison  was  generous  to  a  fault,  and  the  mean- 
est beggar  could  impose  on  him.  He  was,  also,  a  social 
and  convivial  man,  and  during  that  part  of  his  life  when 
engaged  in  politics  he  would  sometimes  imbibe  a  little  too 
freely,  producing  a  slight  unsteadiness  in  his  walk,  which  he 
seemed  to  apprehend  would  be  noticed  ;  and  it  was  said  that^ 
upon  such  occasions  he  would  tie  over  his  knee  a  large  silk 
handkerchief,  and  complain  of  rheumatism,  and  if  any  one 


JOHN  JAMEISON.  I  87 

expressed  sympathy  for  him,  would  remark,  "  Oh,  it  is 
immateriaL"  Whether  this  was  an  invention  of  his  friends 
(for  he  had  no  enemies),  to  produce  a  httle  merriment  at  his 
expense,  we  are  not  advised;  but  the  expression  "it  is 
immaterial  "  was  used  by  him  on  all  occasions,  until  he  got 
the  name  of  "  Immaterial  John  "  thoroughly  fastened  upon 
him. 

There  are  many  anecdotes  told  of  Mr.  Jameison  which 
illustrate  the  influence  he  exercised  with  juries.  He  was 
once  engaged  in  the  defense  of  a  man  charged  with  stealing 
corn.  The  evidence  disclosed  the  fact  that  the  accused  had 
been  seen  carrying  away  several  small  loads,  but  Mr.  Jamei- 
son, b}^  an  ingenious  cross-examination  of  the  state's  wit- 
ness, forced  him  to  admit  that  the  corn  was  in  shucks, 
and  that  he  did  not  see  what  was  in  the  shucks.  He  brought 
in  several  ears  in  shucks,  and  paraded  them  before  the  jury, 
and  asked  each  by  name  if  he  could  see  any  corn  through 
the  shuck  ;  and,  in  a  manner  peculiar  to  himself,  asked  the 
jury  what  faith  they  could  put  in  the  testimony  of  a  man  who 
would  deliberately  and  coolly  swear  ''that  he  could  see  through 
shucks."  The  prisoner  was  acquitted,  but  the  shuck  story 
stuck  to  his  counsel  through  life. 

Mr.  Jameison  was  once  engaged  in  an  argument  in  the 
Supreme  Court  with  Edward  Bates  on  the  opposite  side,  and 
frequently  took  occasion  to  say:  "When  the  plaintiff  did 
so  and  so,  /  turned  round  and  did  so  and  so."  "When  the 
plaintiff  proved  so  and  so  by  John  Smith,  I  turned  round  3.nd 
proved  so  and  so  by  John  Jones."  "  When  the  plaintiff — " 
Here  he  was  interrupted  by  Judge  Tompkins,  who  said, "  Now, 
Mr.  Jameison,  do  you  really  mean  to  state  that  upon  every 
motion  made  by  the  plaintiff,  and  upon  every  step  he  took 
in  the  cause,  you  actually  turned  all  the  zvay  round?"  "  I  will 
explain,  if  you  honor  please,"  said  Mr.  Jameison;  and,  suiting 
the  action  to  the  word,  turned  upon  his  heel,  and,  picking 
up  his  hat,  walked  out  of  the  court-room,  to  the  great  amuse- 
ment of  the  audience  and  the  discomfiture  of  the  court. 

Mr.  Jameison's  tact  in  trying  a  cause  before  a  jury  was  un- 
surpassed.     He  seemed  to  know  how  to  turn  everything  to 


1 88  BENCH  AND  BAR   OF  MISSOURI. 

his  own  advantage,  and  how  to  bring  ridicule  upon   his  ad- 
versary. 

O'Neall,  in  his  "Bench  and  Bar  of  South  Carohna,"  gives 
a  sketch  of  a  lawyer  in  that  state,  by  the  name  of  Carnes, 
who  had  this  power  in  a  remarkable  degree,  and  though  un- 
educated, and  with  but  little  knowledge  of  the  law,  scarcely 
ever  failed  of  success  when  he  could  get  his  case  submitted  to 
a  jury.  He  gives  the  following  as  an  illustration  of  his  inge- 
nuity :  He  once  brought  an  action  for  assault  and  battery, 
in  which  the  lawyer  for  the  defense  pleaded,  "  uiollitcr  manus 
iinposint."  The  proof  showed  an  aggravated  assault  and  bat- 
tery. When  it  came  to  Carnes'  turn  to  address  the  jury,  he 
said  :  "  Gentlemen,  you  all  know  I  am  no  Latin  scholar,  but 
I  think  I  can  translate  the  gentleman's  plea  :  molliter,  he 
mauled;  niamis,  the  man;  ivtpositit,  and  imposed  on  him. 
Now,  gentlemen,  did  you  ever  hear  of  such  impudence?  —  to 
shamefully  abuse  my  client,  and  then  to  come  into  court 
and  brag  of  it !  "     The  argument  was  irresistible. 

We  never  saw  Mr.  Jameison  in  the  pulpit,  but  it  is  said  he 
occasionally  delivered  a  sermon  of  much  force  and  effect. 
He  was  greatly  beloved  by  the  people  of  Callaway,  who 
fondly  cherish  his  memory. 


William  Porter. 

In  1848  we  took  a  trip  on  horseback  to  the  north-eastern 
part  of  the  state,  and  spent  one  night  and  part  of  a  day  in 
Troy,  the  county-seat  of  Lincoln  County,  a  pleasant  village 
of  about  400  or  500  inhabitants,  and  there  became  acquainted 
with  Mr.  Porter,  a  resident  lawyer  in  good  practice.  He  was 
a  native  of  Virginia,  born  in  Frederick  County,  about  1797 
or  1798.  About  1825  he  married  Miss  Ann  Anderson,  of 
Frederick,  and  about  five  years  thereafter  left  Virginia  for 
Missouri,  and  settled  in  Lincoln  County,  where  he  practiced 
law  up  to  the  time  of  his  death,  in  1866,  living  part  of  his 
time  on  a  small  farm  near  Troy.  He  survived  his  wife  about 
fifteen  years,  and  remained  a  widower  until  his  death.  He 
raised  two  children,  both  of  whom  married,  and  some  of  his 
descendants  are  now  living  in  Ohio,  and  the  remainder  in 
Missouri.  Mr.  Porter's  married  life  was  a  very  happy  one, 
and  he  took  the  death  of  his  wife  very  hard,  and  went  but 
little  in  society  afterwards. 

He  was  a  sound  and  reliable  lawyer,  and  seemed  much 
devoted  to  his  profession  ;  and,  although  he  took  a  deep  in- 
terest in  public  affairs,  never  would  permit  himself  to  be 
drawn  into  politics.  The  only  public  position  he  ever  filled 
was  that  of  prosecuting  attorney,  and  he  would  not  have  ac- 
cepted that  had  it  not  been  in  the  line  of  his  profession. 
Though  not  a  brilliant  man,  he  was  very  successful  in  his 
practice,  for  he  was  faithful  to  his  client,  and  made  his 
client's  cause  his  own. 

In  his  habits  he  was  frugal,  moral,  and  industrious.  He 
had  been  many  years  connected  with  the  Presbyterian 
Church,  and  always  appeared  to  be  embarrassed  when  called 
upon  in  public  to  pray.  He  was  once  asked  the  cause  of 
this,  and  in  reply  said  it  was  one  thing  to  address  a  judge  or 


IQO  BENCH  AND  BAR   OF  MISSOURI. 

jury,  and  a  very  different   thing   to  address  the   Almighty, 
from  whose  decrees  there  could  be  no  appeal. 

Mr.  Porter  was  a  very  domestic  man,  fond  of  the  society 
of  his  friends,  and  to  the  poor,  kind  and  benevolent.  His 
death  was  regarded  as  a  great  loss,  more  particularly  to  the 
county  of  Lincoln,  for  the  people  were  accustomed  to  look 
up  to  him  for  counsel  and  advice. 


Thomas  B.  Hudson. 

The  subject  of  this  sketch  was  a  steadfast  and  highly- 
valued  friend  of  the  author  for  nearly  a  quarter  of  a  century. 
Though  belonging  to  the  same  political  organization,  and 
working  side  by  side  in  a  common  cause  and  for  the  attain- 
ment of  the  same  political  end,  we  occasionally  differed 
respecting  both  men  and  measures,  but  that  difference  of 
opinion  never  in  the  remotest  degree  disturbed  the  pleasant 
relations  existing  between  us. 

Though  the  career  of  Mr.  Hudson  was  not  as  eventful  as 
that  of  some  whom  we  have  attempted  to  portray  in  this 
volume,  yet  it  is  in  many  respects  more  difficult  to  describe  ; 
for  no  one  can  draw  a  life-like  picture  of  him  who  did  not 
know  and  see  him  in  the  various  relations  of  life.  His 
strong  disinclination  to  assume  a  trait  of  character  which 
did  not  belong  to  him  not  unfrequently  led  him  to  doubt  the 
possession  of  others  to  which  no  person  had  a  higher  claim. 

He  was .  a  self-made  man,  and  the  architect  of  his  own 
fortune.  With  scarcely  any  of  the  advantages  which  tend 
to  pave  the  way  to  success  in  life,  he  entered  upon  his  pro- 
fessional career  in  a  land  of  strangers,  where  he  had  to 
encounter  the  prejudice  of  wealth  and  the  jealousy  of 
strong  competition,  with  no  other  weapons  but  a  strong,  vig- 
orous native  intellect,  and  a  self-reliant,  indomitable  will. 
He  found  at  the  St.  Louis  bar  such  men  as  Geyer,  Gamble, 
Bates,  Darby,  Spalding,  Allen,  Lawless,  and  Mullanphy,  who 
had  already  achieved  professional  distinction  ;  while  others, 
nearer  his  own  age,  were  rapidly  ascending  the  ladder  of 
fame.  With  all  this  formidable  competition,  Mr.  Hudson 
soon  obtained  rank  and  position,  and  was  never  wanting  in 
clients  as  long  as  his  health  did  not  interfere  with  the  active 
pursuit  of  his  profession. 

Mr.  Hudson  was  born  in   Davidson  County,  Tennessee,  in 


192  BENCH  AND  BAR   OF  MISSOURI. 

1 8 14.  Mis  father,  who  was  orighially  from  Maryland,  was 
an  upright,  intelhgent  farmer,  and,  fully  appreciating  the 
advantages  of  an  education,  sent  his  son  to  the  best  schools 
that  the  country  then  afforded.  He  then  took  a  regular  aca- 
demic course,  and  at  the  age  of  eighteen  commenced  the  study 
of  the  law  with  S.  C.  Pavet,  an  able  lawyer  of  Tennessee. 
His  mother  was  an  excellent  Christian  lady,  who  implanted 
in  the  heart  of  her  son  that  veneration  for  truth  and  integ- 
rity which  adhered  to  him  through  life.  It  is  not  probable 
that  Mr.  Hudson  applied  for  admission  to  the  bar  in  Tennes- 
see, for  on  reaching  his  majority  he  came  to  St.  Louis,  and 
shortly  afterwards  was  licensed  by  the  Supreme  Court  of  our 
state.  The  examination  of  students  applying  for  admission 
to  the  bar  at  that  time  was  very  strict,  and  generally  con- 
ducted by  one  or  more  of  the  supreme  judges  in  person; 
and  it  is  said  that  they  complimented  Mr.  Hudson  upon  the 
good  examination  he  had  passed. 

The  first  public  position  held  by  him  was  as  a  member  of 
the  City  Council  of  St.  Louis,  during  the  administration  of 
Mayor  John  F.  Darby.  He  made  an  efficient  and  active 
member,  and  origi»nated  several  measures  which  proved 
highly  advantageous  to  the  city.  From  1842  to  1843  he  was 
city  counselor  of  St.  Louis. 

In  1842  he  was  elected  by  the  people  of  St.  Louis  to  a 
seat  in  the  popular  branch  of  our  State  Legislature,  and  was 
soon  recognized  as  one  of  the  leaders  of  the  Democratic 
party.  We  held  a  seat  in  the  same  body  from  Franklin 
County.  Mr.  Hudson  belonged  to  the  old  Jeffersonian 
school  of  strict  constructionists.  For  one  of  his  limited 
experience  he  was  a  good  parliamentarian,  and  as  a  ready 
and  fluent  debater  had  but  few  equals  in  the  House.  He 
was  not  an  orator  in  the  usual  acceptation  of  that  term,  for 
he  had  none  of  the  graces  of  elocution,  and  seldom  indulged 
in  figurative  speech.  He  aimed  to  convince  the  under- 
standing, rather  than  please  the  fancy.  He  belonged  to  the 
Douglas  school  of  speakers,  and  his  fine  power  of  analyza- 
tion  and  discrimination,  aided  by  a  fervid  and  impressive 
delivery,  made  him  a  formidable  oppon-ent  in  forensic  debate. 


THOMAS  B.  HUDSON.  1 93 

He  was  also  good  at  repartee,  and  not  deficient  in  good  old 
mother-wit. 

Mr.  Hudson  was  at  one  time  the  law-partner  of  James  B. 
Bowlin,  and,  at  a  later  period,  of  James  S.  Thomas.  They 
did  a  very  large  business,  particularly  in  reference  to  boating 
and  maritime  contracts.  We  had  no  railroad  connection 
then  with  the  South,  and  had  to  rely  almost  exclusively  upon 
boats  for  transportation.  This  gave  rise  in  our  courts,  both 
Federal  and  state,  to  a  large  amount  of  litigation  ;  for  under 
our  law  the  employees  of  the  boats,  and  all  who  furnished 
materials,  had  a  lien  upon  the  boat,  and,  to  enforce  the  lien, 
had  to  go  into  the  courts.  Mr.  Hudson  had  given  this 
branch  of  business  special  attention,  and  had  the  credit  of 
being  the  best  maritime  lawyer  at  the  bar. 

In  1840  the  country  was  brought  to  the  highest  state  of 
excitement,  growing  out  of  the  presidential  contest  between 
Harrison  and  Van  Buren.  Mr.  Hudson  was  a  Democratic 
candidate  for  the  Legislature,  and  addressed  the  people  at 
Creve  Cceur  Lake.  It  was  a  day  for  a  general  discussion,  and 
all  the  candidates  were  present,  and  many  delivered 
addresses.  A  disturbance  at  the  meeting  came  very  near 
resulting  in  a  general  row,  and  a  writer  in  the  Missouri 
Democrat,  over  the  signature  of  "  Veritas,"  undertook  to 
assign  the  cause  of  it.  This  brought  out  a  reply  from  Ves- 
pasian Ellis  in  the  Missouri  Republicaii,  and  on  the  day  of 
its  publication  a  paragraph  appeared  in  the  editorial  col- 
umn, calling  attention  to  Mr.  Ellis'  letter,  and  virtually  charg- 
ing Mr,  Hudson  with  being  the  author  of  "  Veritas,"  and 
containing  other  matters  that  were  deemed  by  Mr.  Hudson 
offensive.  He  immediately  challenged  Colonel  A.  B.  Cham- 
bers, who  was  editor  and  proprietor  of  the  Republican,  and 
the  parties  met  and  exchanged  three  shots  on  Bloody  Island, 
on  July  17,  1840.  To  properly  understand  the  subject-mat- 
ter of  the  controversy  we  give  the  editorial  which  appeared 
on  the  13th  : 

"  We  invite  the  reader's  attention  to  the  communication  of  Mr.  Ellis  in  to- 
day's paper,  giving  an  account  of  the  proceedings  at  Creve  Coeur  Lake  meet- 
ing. 

13 


194  BENCH  AND  BAR   OF  MISSOURI. 

"We  have  the  words  of  several  gentlemen,  and  some  of  them  Loco-focos, 
saying  that  a  more  disgraceful  and  imbecoming  proceeding  has  not  transpired 
during  the  canvass  than  this  was.  We  particularly  invite  the  attention  of  the 
author  of  'Veritas,'  reputed  to  be  the  'bold  and  fearless  Mr.  Hudson,'  to 
this  communication. 

"As  to  the  authorship  of  'Veritas'  but  one  opinion  prevails  in  the  com- 
munity, and  that  is  that,  in  this  as  many  other  cases,  this  fellow  is  the  trum. 
peter  of  his  own  'bold  and  fearless'  character. 

"  If  he  did  not  write  it,  he  at  least  furnished  the  materials  for  it.  No  one  but 
himself  would  ever  think  of  applying  such  terms  to  him." 

It  will  be  seen  that  this  paragraph  not  only  contained  an 
imputation  upon  Mr.  Hudson's  courage,  but  charged  him 
with  giving  publicity  to  a  false  statement  as  to  what  occurred 
at  the  meeting.  Colonel  Chambers  was  evidently  mistaken, 
not  only  as  to  the  authorship  of  "  Veritas,"  but  as  to  the 
courage  of  Mr.  Hudson,  for  a  cooler  and  braver  man  never 
shouldered  a  musket. 

The  reader  must  not  conclude  from  the  promptness  with 
which  this  challenge  was  sent  that  Captain  Hudson  was  a 
duehst,  or  favored  that  method  of  settling  personal  contro- 
versies ;  for  at  that  day  the  custom  was  sanctioned  by  long 
usage  and  a  perverted  public  opinion  ;  and  no  young  man, 
particularly  if  he  belonged  to  the  profession  of  the  law,  could 
live  in  this  country  without  acknowledging  its  obligation. 

Mr.  Hudson  was  attended  on  the  field  by  Charles  Bent 
and  John  H.  Watson,  and  Colonel  Chambers  by  Martin 
Thomas  and  W.  Gordon.  The  choice  of  ground  and  the 
privilege  of  giving  the  word  was  won  by  Mr.  Gordon.  They 
fought  with  rifles,  at  forty  paces ;  exchanged  three  shots 
without  effect,  and  by  the  interference  of  friends  the  diffi- 
culty was  amicably  arranged.  On  recrossing  the  river  about 
ten  o'clock  a.  m.,  by  invitation,  all  parties,  including  seconds, 
surgeons,  and  friends,  repaired  to  the  residence  of  Colonel 
Chambers,  and  spent  the  day  in  song,  merriment,  and  feast- 
ing. We  are  happy  to  state  that  from  that  day  Colonel 
Chambers  and  Captain  Hudson  were  life-long  friends.  The 
attendants  at  the  duel  published  a  card  complimenting  both 
parties  for  their  coolness  and  bravery. 

The  election  of  1844  was  one  of  the  most  exciting  ever 


THOMAS  B.  HUDSON.  1 95 

witnessed  in  Missouri.  The  Democratic  party  for  the  first 
time  became  divided  —  one  wing  adhering  to  Colonel  Benton, 
and  adopting  his  views  upon  the  slavery  question  and  the 
currency.  They  took  the  name  of  "  Hards."  The  other 
took  strong  pro-slavery  ground,  and  espoused  the  policy  of 
Mr.  Calhoun,  taking  the  name  of  "  Softs."  Each  wing 
brought  a  ticket  into  the  field.  The  Whig  party  declined  to 
make  nominations,  but  quietly  threw  their  votes  to  the  anti- 
Benton  party,  hoping  thereby  to  widen  the  breach  and 
secure  their  own  ascendency  at  a  subsequent  election. 

Captain  Hudson  and  Leonard  H.  Sims  were  the  anti-Ben- 
ton  candidates  for  Congress,  and  canvassed  the  entire  state; 
for  at  that  time  we  had  not  abandoned  the  general-ticket 
system.  The  canvass  was  very  spirited,  and  conducted  with 
much  ability  on  the  part  of  Mr.  Hudson.  About  ten  days 
before  the  election  Mr.  Parsons,  of  Pike  County,  one  of  the 
Benton  nominees,  died ;  and  as  we  were  then  without  any  tel- 
egraphic communication  with  the  remote  Democratic  coun- 
ties, the  information  did  not  reach  there  in  time  to  secure 
their  vote  for  the  party  substituted  for  Parsons.  This  ren- 
dered it  certain  that  either  Hudson  or  Sims  would  be  elected, 
and  as  Captain  Hudson  was  much  the  strongest  man,  it  was 
generally  conceded  that  the  honor  would  fall  upon  him. 
Sims  was  clearly  of  that  opinion,  and  not  wishing  to  be  left 
at  home  without  company,  suggested  to  the  captain,  as  he 
did  not  think  it  Avould  confer  any  honor  upon  either  of  them 
to  go  to  Washington  in  a  dead  man's  shoes,  that  the  lucky 
one  should  decline.  In  this  view  Captain  Hudson  acquiesced, 
for  he  had  already  determined,  and  so  informed  his  friends, 
that  unless  the  returns  showed  that  his  election  would  have 
been  secured  without  the  death  of  Parsons,  he  would  not  ac- 
cept the  certificate  of  election.  To  the  surprise  of  all,  Sims 
was  elected  ;  for  Captain  Hudson  had  given  the  Whigs  of  St. 
Louis  and  the  adjoining  counties  too  many  castigations  upon 
the  stump  to  secure  their  undivided  vote.  When  the  time 
approached  for  the  assembling  of  the  new  Congress,  Sims 
(who  lived  in  Greene  County),  whose  memory  had  become 
too   treacherous  to   enable  him  to   recall  the   understanding 


196  BENCH  AND  BAR   OF  MISSOCKI. 

between  Captain  Hudson  and  himself,  quietly  pocketed  his 
certificate  and  left  for  Washington  City.  He  did  not  forget, 
however,  to  draw  his  mileage  and  per-dieni,  and  that  was 
about  the  only  thing  he  did  during  the  two  years  he  was  in 
Congress. 

Upon  the  breaking  out  of  the  Mexican  War,  Captain  Hud- 
son raised  and  equipped  a  cavalry  company  for  General 
Doniphan's  regiment,  and  was  unanimously  elected  its  cap- 
tain. This  was  one  of  the  finest  companies  mustered  into 
service,  and  accompanied  Doniphan  in  his  march  to  Chi- 
huahua—  a  march  second  only  in  modern  historical  impor- 
tance to  Sherman's  great  march  to  the  sea.  Captain  Hudson 
shared  in  all  the  danger  and  glory  of  that  brilliant  cam- 
paign, and  proved  himself  a  most  gallant  soldier. 

In  1844  he  married  Miss  Eliza  Chambers,  daughter  of 
Charles  Chambers,  Esq.,  and  granddaughter,  on  the  maternal 
side,  of  John  Mullanphy.  We  knew  her  fiither  well.  He 
was  an  educated,  high-bred,  polished  Irish  gentleman,  and 
for  many  }'ears  dispensed  the  most  liberal  hospitality  at  his 
beautiful  country  residence  in  Florissant. 

About  1854  Captain  Hudson's  health  began  to  fail,  and 
he  was  advised  by  his  physician  to  give  up  his  practice  alto- 
gether, and  retire  to  the  country.  This  he  did,  and  spent 
the  balance  of  his  days  at  his  country  seat,  "Glen  Owen,"  in 
the  beautiful  valley  of  Florissant,  about  ten  miles  north  of 
St.  Louis.  He  there  devoted  himself  to  agricultural  pur- 
suits, for  which  he  had  always  manifested  a  fondness.  He 
took  an  active  part  in  the  establishment  and  organization  of 
our  agricultural  and  mechanical  fairs,  which  have  not  been 
excelled,  if  equalled,  by  any  other  part  of  the  United  States. 
He  was  one  of  the  first  directors,  and  contributed  largely  in 
time,  talents,  and  money.  He  took  great  delight  in  fine 
stock,  was  a  most  excellent  judge  of  horses  and  cattle,  and 
a  liberal  patron  of  the  turf  as  one  of  the  means  of  stimulat- 
ing our  farmers  to  laudable  exertions  in  that  behalf. 

Captain  Hudson  was  a  tall,  spare-made  man,  with  dark 
hair  and  eyes,  and  a  very  commanding  person.  No  man  had 
more  personal  friends,  for  he  was  social  and  genial  in  dispo- 


THOMAS  B.  HUDSON.  197 

sition,  and  affable  and  agreeable  in  his  manners.  He  always 
met  you  with  a  smile  and  a  strong  grip  of  the  hand,  denot- 
ing his  gladness  to  see  you.  He  had  a  warm  heart,  which 
never  failed  to  respond  to  the  calls  of  charity.  He  took  a 
deep  interest  in  all  measures  calculated  to  promote  the  inter- 
ests of  his  adopted  state,  and  at  one  time  was  president  of  the 
North  Missouri  Railroad  Company,  in  which  position  he  de- 
veloped rare  administrative  capacity.  He  took  a  very  active 
part  in  the  construction  of  the  Ohio  and  Mississippi  road; 
procured  a  meeting  of  the  citizens  of  St.  Louis  to  be  held  at 
the  court-house,  at  which  he  offered,  and  caused  to  be  passed, 
the  following  resolution  : 

'^Resolved,  That  a  committee  of  seven  be  appointed  by  the  chairman  of 
this  meeting,  whose  duty  it  shall  be  to  petition  the  Legislature  for  the  passage 
of  a  law  authorizing  the  city  of  St.  Louis  to  subscribe  for  $500,000  of  stock  in 
the  Ohio  &  Mississippi  Railroad,  and  that  said  committee  be  instructed  to  use 
all  proper  exertions  to  secure  the  passage  of  such  law." 

Mr.  Hudson  was  placed  on  the  committee,  drew  the  act, 
went  to  Jefferson  City,  and  by  his  influence  caused  its  pas- 
sage. The  people  of  St.  Louis  sanctioned  it  by  a  vote  at 
the  polls,  and  the  subscription  contributed  largely  towards 
the  construction  of  the  road. 

Captain  Hudson  died  at  home,  in  the  early  part  of  May, 
1867,  at  the  age  of  fifty-three.  His  death  was  not  unex- 
pected, for  he  had  been  long  suffering  from  debility,  and 
weakness  of  the  lungs.  Still,  it  was  a  great  shock  to  his 
friends,  particularly  his  professional  brethren,  with  whom  he 
was  always  a  favorite.  They  met  at  the  court-house  to  take 
action  with  reference  to  the  loss  sustained  by  the  bar  in  his 
death,  and  paid  a  feeling  tribute  to  his  memory. 

The  MissoJiri  Republican,  the  leading  Whig  paper  of  Mis- 
souri, which  had  always  been  opposed  to  Mr.  Hudson  polit- 
ically, thus  announced  his  death  : 

"  The  death  of  Thomas  B.  Hudson,  Esq.,  on  Wednesday  last,  at  a  compara- 
tively early  age,  is  the  occasion  of  much  regret  to  a  widely-extended  circle  of 
friends,  who  hold  his  memory  in  esteem  as  recalling  much  of  personal  worth, 
and  many  agreeable  social  qualities.      Mr.  Hudson  commenced  the  practice  of 


198  BENCH  AND  BAR   OF  MISSOURI. 

his  profession  as  a  lawyer  in  this  cily,  about  tliirty  years  ago,  and  practiced 
with  ability  and  success.  An  active  politician,  he  was  for  some  years  among 
the  prominent  members  and  leaders  of  the  Democratic  party  in  Missouri.  As 
a  representative  of  St.  Louis  County  in  the  Legislature  he  distinguished  him- 
self as  one  of  the  most  inlluential  of  its  members.  At  one  time  he  was  presi- 
dent of  the  North  Missouri  Railroad  Company.  Latterly  he  had  retired  from 
the  more  public  sphere  in  which  he  formerly  moved,  and  devoted  his  time  to 
the  improvement  of  a  handsome  estate,  and  the  pursuits  of  agriculture,  at  his 
home  in  the  county,  not  far  from  St.  Louis." 


Horatio  cozens. 

Of  the  early  life,  birth,  and  education  of  this  promising 
young  lawyer  there  is  no  one  living  who  is  able  to  give  any 
information.  He  came  from  Virginia  to  Missouri  soon  after 
the  organization  of  our  state  government,  and  commenced  the 
practice  of  the  law  in  St.  Louis.  He  had  received  a  good 
academic  education,  and  soon  attracted  the  attention  of  the 
people  by  his  good  address  and  fine  oratorical  powers.  At 
that  time  most  of  the  litigation  was  conducted  before  magis- 
trates, and  Mr.  Cozens  enjoyed  a  large  practice  in  those 
courts.  He  was  a  ready,  fluent,  and  attractive  speaker,  and 
was  considered  the  most  promising  young  advocate  at  the 
bar.  There  are  a  few  of  his  contemporaries  still  living,  and 
they  represent  him  as  a  natural  orator,  and  before  a  jury  al- 
most invincible  —  in  fact,  no  lawyer  at  the  bar  was  thought 
to  excel  him  in  fervid  and  impassioned  eloquence. 

When  only  about  twenty-six  or  twenty-seven  years  of  age 
he  was  involved  in  a  personal  difficulty  with  a  lawyer  by  the 
name  of  George  F.  Strother,  a  dissipated  and  unprincipled 
man.  Strother  had  a  nephew  named  French  Strother,  also 
a  young  lawyer,  and  he  undertook  to  vindicate  his  uncle. 
It  was  supposed  that  the  matter  in  controversy  grew  out  of 
some  political  misunderstanding.  While  Mr.  Cozens  was 
engaged  in  the  trial  of  a  cause  before  a  justice  of  the  peace 
by  the  name  of  Penrose,  whose  office  was  on  Elm  Street,  be- 
tween Main  and  Second,  French  Strother  entered  the  court- 
room, and  indicated  to  Mr.  Cozens,  by  signs,  that  he  wished 
an  interview  with  him.  Mr.  Cozens  went  out  on  the  side- 
walk, and  Strother  immediately  approached  him,  and,  with  a 
long  dirk-knife,  stabbed  him  to  the  heart.  He  died  within 
a  few  minutes.  It  was  a  cold-blooded,  unprovoked  murder, 
and  it  was  with  the  utmost  difficulty  that  the  officers  who 
arrested    Strother  could  save  him    from  the  immediate  ven- 


200  BENCH  AND  BAR    OF  MISSOURI. 

geanee  of  the  people.  The  murderer  was  taken  before  Peter 
Jolinson,  ;i  magistrate,  and  committed  to  jail  to  await  the 
action  of  the  grand  jury.  He  soon,  however,  broke  jail, 
escaped  to  Mexico,  were  he  led  a  most  dissipated  life,  and 
finally  died  at  Matamoras  with  mania  a  potii.  Thus,  with- 
out a  moment's  warning,  was  this  young  and  promising  ad- 
vocate sent  into  the  presence  of  his  Maker.  He  left  a  wife 
and  two  or  three  children  to  mourn  his  loss. 


Edwin  G.  Pratte. 

We  saw  this  gentleman  for  the  first  time  at  Pahnyra,  in 
Marion  County,  in  1848.  He  was  born  and  educated,  and 
studied  law,  in  the  state  of  New  York,  and  settled  at  Palmyra 
about  1833.  His  education  was  classical,  and  his  knowledge 
of  the  law  very  profound,  but  as  a  practitioner  at  the  bar  he 
was  neither  brilliant  nor  attractive.  He  was  about  six  feet 
high,  with  dark  hair  and  complexion,  and  a  large  head,  with 
a  broad  and  expansive  forehead.  He  was  one  of  the  earliest 
of  the  Marion  lawyers,  Benjamin  Clark  and  John  Anderson 
having  preceded  him.  Mr.  Pratte  was  a  man  of  moral  and 
studious  habits,  and  wholly  devoted  to  his  profession. 
Though  fluent,  he  was  not  an  attractive  or  pleasant  speaker, 
but  greatly  excelled  in  his  knowledge  of  special  pleading. 
His  faithfulness  to  his  client  and  his  close  attention  to  busi- 
ness gave  him  a  fair  practice.  He  neither  held  nor  sought 
public  office,  but  had  the  reputation  of  being  a  good  political 
essayist.  He  wrote  largely  for  the  Palmyra  Courier,  a  caustic 
and  ably-conducted  Whig  paper  which  had  a  large  circula- 
tion in  north-eastern  Missouri. 

Mr.  Pratte  was  in  some  respects  eccentric,  and  in  address- 
ing a  jury  always  commenced  with  some  quaint  and  odd 
remark  which  invariably  produced  merriment  in  his  audience. 
Upon  one  occasion  he  was  appointed  by  the  court  to  defend 
a  negro  woman  charged  with  larceny.  She  was  a  most  dis- 
agreeble  specimen  of  the  African  race  —  very  dark,  and 
slovenly  and  dirty  in  her  person.  The  day  of  the  trial  was 
exceedingly  warm,  and,  occupying  a  seat  between  her  coun- 
sel and  the  jury,  she  was  very  offensive  to  the  nasal  organs 
of  both.     Mr.  Pratte  opened  his  speech  by  saying : 

"  Gentlemen  of  the  jury,  you  have  learned  by  this  time 
that  my  client's  name  is  Rose,  and   I   assure  you   upon  my 


202  BENCH  AND  BAR    OF  MISSOURI. 

honor  as  a  lawyer,  and  from  painful  experience,  tliat  she  zvill 
smell  as  sweet  by  any  other  namey 

Mr.  Pratte  married  a  Miss  Wright,  sister  of  Major  Uriel 
Wright.  But  one  child  was  born  of  the  marriage.  Mr. 
Pratte  died  in  Knox  County  two  or  three  years  ago,  leaving 
a  widow  and  son  to  mourn  his  loss.  He  was  a  good-hearted 
man,  and  of  unquestionable  integrity.  He  had  read  a  great 
deal,  and  his  mind  was  well  stored  with  varied  learning. 


Silas  Bent. 

Of  the  early  inhabitants  of  St.  Louis  there  are  none  Hving 
who  do  not  recollect  Judge  Silas  Bent,  who  was  not  only  an 
influential  and  prominent  man  of  the  territory  of  Upper 
Louisiana,  but  for  many  years  was  a  judge  of  the  Supreme 
Court  of  Missouri  Territory,  and  a  lawyer  of  eminence  and 
ability.  He  came  from  good  old  Revolutionary  stock,  for 
his  father,  Silas  Bent,  who  was  born  in  Ludbury,  Massachu- 
setts, in  1744,  and  educated  at  Cambridge  College,  was  com- 
mander of  the  "  Tea  Party  Regiment  "  of  Boston,  and  was 
one  of  the  disguised  men  who  threw  the  tea  overboard  from 
the  British  ships  in  Boston  harbor.  He  had  seven  chil- 
dren, the  eldest  of  whom,  the  subject  of  this  sketch,  was  born 
in  Massachusetts,  April  4,  1768,  and  educated  at  Rutland, 
Worcester  County,  Massachusetts. 

In  1788  he  came  to  Ohio,  and  was  one  of  the  earliest  set- 
tlers of  Marietta,  where  he  purchased  a  home  for  his  parents, 
who  shortly  afterwards  moved  to  it.  He  then  studied  law 
under  Philip  Dodridge,  at  Wheeling,  Virginia.  After  com- 
pleting his  studies,  he  concluded  to  embark  in  mercantile 
pursuits,  and  opened  a  store  at  Charleston,  Virginia,  and 
soon  after  married  Miss  Martha  Kerr,  who  resided  near 
Winchester. 

In  January,  1802,  he  was  made  postmaster  at  Brooke 
Court-house,  Virginia,  and  in  1803  became  a  deputy  in  the 
office  of  Rufus  Putnam,  who  was  surveyor-general.  On 
February  17,  1804,  he  was  commissioned  as  associate  judge 
of  the  Court  of  Common  Pleas  for  Washington  County, 
Ohio,  by  Governor  Edward  Tiffin.  Li  July,  1805,  he  be- 
came deputy  surveyor  under  James  Mainfield,  who  was  sur- 
veyor-general. In  July,  1806,  he  was  appointed  by  the  sec- 
retary of  the  treasury  of  the  United  States,  Albert  Gallatin, 
principal  deputy  surveyor  for  the  territory  of  Louisiana,  and 


204  BENCH  AND  BAR    OF  I\flSSOrrRL 

was  ordered  to  St.  Louis,  which  place  he  reached  on  Sep- 
tember 17,  1806.  On  August  20,  1807,  he  was  appointed 
by  Frederick  Bates  (the  secretary  and  acting  governor  of 
Louisiana)  "  first  judge  of  the  Court  of  Common  Pleas  and 
the  Court  of  Quarter  Sessions  of  the  Peace  for  the  District 
of  St.  Louis."  In  November,  1808,  he  was  appointed,  by 
Governor  Merriweather  Lewis,  auditor  of  public  accounts  for 
the  district  of  St.  Louis.  On  November  9,  1809,  he  was  made 
presiding  judge  of  the  St.  Louis  Court  of  Common  Pleas, 
with  Bernard  Pratte  and  Lewis  Lebaum  as  associates;  and  on 
that  day  signed  the  first  charter  for  the  town  of  St.  Louis 
On  January  5,  181 1,  Frederick  Bates,  who  was  then  secretary 
and  acting  governor,  appointed  him  auditor  of  public  ac- 
counts, and  in  September  following  he  was  commissioned 
judge  of  the  Court  of  Common  Pleas  and  Quarter  Sessions, 
by  Governor  Benjamin  Howard.  On  P'ebruary  21,  181 3, 
President  Madison  commissioned  him  as  judge  of  the  Su- 
preme Court  of  Missouri  Territory,  and  on  January  21,  18 17, 
he  was  recommissioned  as  such  by  President  Monroe,  and 
held  the  office  until  it  was  abolished  by  the  admission  of 
Missouri  into  the  Union,  in   1 82 1. 

Upon  the  admission  of  the  state  he  was  appointed  clerk  of 
the  St.  Louis  County  Court,  which,  in  addition  to  county 
business,  exercised  probate  jurisdiction.  Colonel  Bent  held 
this  office  some  time,  and  until  his  death,  which  occurred  on 
November  20,  1827,  at  his  country  residence,  just  north  of 
the  St.  Louis  Arsenal.     He  died  in  the  sixtieth  year  of  his  age. 

He  left  seven  children,  the  eldest  of  whom,  Charles  Bent, 
became  governor  of  New  Mexico,  and  was  killed  while  gov- 
ernor, January  19,  1847.  His  second  child,  Julianna,  married 
Governor  Lilburn  W.  Boggs,  and  died  in  1820.  His  third 
child,  John  Bent,  became  a  noted  lawyer  in  St.  Louis,  and 
died  May  18,  1845.  Dorcas,  his  fifth  child,  married  Judge 
William  C.  Carr,  and  she  is  still  living.  His  youngest  son. 
Captain  Silas  Bent,  formerly  of  the  United  States  navy,  and 
at  present  one  of  the  Board  of  Police  Commissioners  of  St. 
Louis,  still  resides  in  St.  Louis,  and  is  one  of  the  most  prom- 
inent and  influential  citizens  of  that  city. 


SILAS  BENT.  205 

It  will  thus  be  seen  that  almost  the  entire  life  of  Judge 
Bent  was  spent  in  the  public  service,  and  the  fact  that  no 
complaint  was  ever  made  against  the  manner  in  which  he 
discharged  these  numerous  and  responsible  trusts  furnishes 
the  best  evidence  of  his  marked  ability  and  incorruptible 
integrity. 

He  was  not  only  an  able  jurist,  but  a  man  of  varied  and 
extensive  information — just  such  a  man  as  the  government 
needed  in  the  early  settlement  of  the  West.  In  early  times 
it  required  months  for  any  communication  to  pass  between 
the  government  and  its  officials ;  hence  our  public  men  had 
frequently  to  act  without  instructions,  relying  altogether  upon 
their  own  judgment  and  sense  of  propriety.  A  man  of  Judge 
Bent's  fine  executive  and  administrative  powers  was  too  much 
needed  to  permit  him  to  remain  in  private  life  ;  hence  we  find 
him  many  years  on  the  bench,  and  at  other  times  discharg- 
ing the  duties  of  United  States  surveyor — a  most  onerous 
position  in  the  West,  where  the  public  domain  had  to  be  sub- 
divided for  settlement  and  sale,  to  say  nothing  of  the  con- 
flicting claims  growing  out  of  Spanish  concessions  and  the 
imperfect  surveys  thereunder. 

Judge  Bent's  life  was  one  of  great  usefulness,  and  we  who 
are  now  reaping  the  benefits  of  his  labors  should  not  permit 
his  memory  to  pass  away  without  at  least  this  tribute  to  his 
worth. 

The  proverbial  honesty  of  our  early  public  servants  is  a 
pleasant  theme,  in  these  days  of  degeneracy,  for  contempla- 
tion. Then  dishonesty  was  an  exception  to  the  rule,  and  the 
official  was  content  with  the  salary  attached  to  his  office, 
and  he  knew  nothing  of  outside  perquisites  or  inside  steal- 
ings. But  now,  if  he  has  the  opportunity  and  fails  to  steal 
enough  to  start  a  bank  or  build  a  railroad,  he  is  regarded  as 
deficient  in  mental  resources.  Our  government  is  but  a  cen- 
tury old ;  yet  we  have  made  that  progress  in  corruption 
which  took  many  centuries  under  the  ancient  republics  to 
attain.  Who  can  lift  the  veil  that  hides  the  future,  and 
picture  our  condition  a  century  hence  ? 


206  BENCH  AND   BAR    OF  MlSSOriU. 

Through  the  kindness  of  Judge  Bent's  son,  Captahi  Silas 
Bent,  we  are  enabled  to  lay  before  our  readers  several  letters 
and  ancient  documents  which  the  judge  left  at  his  death, 
and  which  are  interesting  because  of  their  antiquity,  and  be- 
cause they  refer  to  one  who  spent  the  most  important  part 
of  his  life  in  our  midst. 

His  commission  as  judge  of  the  Court  of  Common  Pleas  of 
Washington  County,  Ohio,  issued  by  Governor  Tiffin,  in  1804  : 

"  Edward  Tiffin,   Governor,  in  the  Name  and  by  the  Authority  of 

THE  State  of  Ohio. 
^'To  all  10/10  shall  see  these  presents,  g)-eeting  : 

"  Know  ye,  that  we  have  assigned  and  constituted,  and  do  by  these  presents 
constitute  and  appoint,  Silas  Bent,  Jr.,  associate  judge  of  the  Court  of  Com- 
mon Pleas  for  the  county  of  Washington,  in  the  place  of  Joseph  Buell, 
resigned,  agreeable  to  the  laws,  statutes,  and  ordinances  in  such  case-made  and 
provided,  with  all  the  privileges,  immunities,  and  emoluments  to  such  office 
belonging,  or  in  anywise  appertaining,  for  and  during  the  space  of  time  for 
which  the  said  Joseph  Buell  was  appointed  and  commissioned,  if  he  shall  so 
long  behave  zvell. 

"In  witness  whereof,  the  said  Edward  Tiffin,  governor  of  the  state  of  Ohio, 
hath  caused  the  seal  of  the  state  to  be  hereunto  affixed,  at  Chillicothe,  the 
seventeendi  day  of  February,  in   the  year  of  our  Lord  one  thousand  eight 
hundred  and  four. 
[^Seal.']  "Edward  Tiffin. 

"By  the  Governor. 

"Wii.i.iAM  Creightox,  Junr., 

'■^Secretary  of  State." 

On  the  above  is  indorsed  the  oath  of  office,  as  follows  : 

"I,  Silas  Bent  Junr.,  do  solemnly  swear  that  I  will  administer  justice,  with- 
out respect  to  persons,  and  do  equal  right  V^  the  poor  and  to  the  rich,  and  that 
I  will  faithfully  and  impartially  discharge  and  perform  all  the  duties  incuml)ent 
on  me  as  associate  judge  of  the  county  of  Washington,  according  to   the  best 

of  my  abilities  and  understanding.      So  help  me  God. 

"  Silas  Bent  Junr. 
"  Sworn  to,  &c." 

We  have  set  out  the  above  commission,  not  only  to  show 
the  form  adopted  at  that  period,  but  to  exhibit  the  pecu- 
harity  of  the  oath  required  of  the  official,  that  he  should  not 
only  administer  justice  without  respect  to  persons,  but  that 
he  should  make  no  distinction  bettveen  tJie  rich  mid  tlic  poor. 


SILAS  BENT.  20/ 

When  he  took  possession,  in  1806,  of  the  surveyor-gener- 
al's office  at  St.  Louis,  he  found  everything  in  a  state  of  the 
utmost  derangement,  as  will  appear  from  the  following  letter 
addressed  by  him  to  the  department  at  Washington  : 

"  St.  Louis,  Sept.  22,  1806. 
"J.  Mainfield 

"  Surveyor  Genl 

"Sir  I  arrived  at  this  place  on  the  17th  of  this  month,  called  on  Mr.  Soulard 
on  the  same  day  and  demanded  the  records  of  survey,  and  all  documents  relative 
thereto  for  the  territory.  He  informed  me  through  an  interpreter  that  none  were 
in  his  possession  —  that  he  had  delivered  them  over  to  the  commissioners  early 
the  next  morning  (the  i8th).  I  inquired  for  Judge  Lucas  at  his  house,  as  he 
was  the  only"  commissioner  then  in  town,  but  could  not  see  him.  I  left  my 
name,  and  stated  my  office  —  in  the  afternoon  I  heard  that  the  commissioners 
were  sitting,  and  addressed  to  them  a  note  formally  announcing  my  arrival  and 
the  office  I  held,  which  I  delivered  to  their  clerk  at  the  Board.  They  examined 
my  credentials  and  returned  them  without  observation.  On  the  19th  I  called  on 
them  again  for  the  records  &c.  —  they  said  they  would  make  some  order  on  that 
subject,  and  direct  their  clerk  to  deliver  to  me  such  of  them  as  they  could  dis- 
pense with. 

'•  I  have  called  on  the  clerk  regularly  every  day  for  such  books  records  or 
papers  as  the  Board  of  Commissioners  had  ordered  delivered  to  me,  but  he 
has  not  been  at  leisure  until  this  morning  to  attend  to  that  business.  He  then 
delivered  to  me  10  books  containing  records  or  plats  of  survey  principally 
in  the  French  language  —  those  which  purported  to  have  been  kept  under 
the  Spanish  government  wore  the  appearance  at  first  blush  of  accuracy 
except  some  confusion,  and  apparent  alterations  in  the  dates  &c.  —  those 
kept  since,  though  attempted  to  be  in  English,  I  can  understand  much  less 
about  —  there  are  no  field  notes  or  documents  of  any  kind  accompanying 
them.  The  commissioners  have  in  conversation  informed  me  that  they  were 
about  closing  their  business  —  that  they  believed  some  orders  for  surveying  had 
been  made  by  them,  and  that  their  clerk  would  inform  me,  but  the  clerk  says 
there  are  no  such  orders  entered  by  him.  This  affords  but  a  dark  prospect  for 
my  young  family. 

"Silas  Bent  Jr." 

Judge  Bent  went  to  work,  and  with  labor  and  persever- 
ance brought  order  out  of  chaos ;  and  when  he  left  the  office 
everything  was  in  perfect  condition. 

In  a  letter  addressed  by  him  to  the  department,  bearing 
date  September  28,  1806,  he  thus  alludes  to  the  return  of 
Lewis  and  Clark  from  their  famous  expedition  to  the 
mountains: 


208  BENCH  AND  BAR   OF  MISSOURI. 

"  Capt.  Clark  and  Lewis  arrived  here  on  the  23d  —  have  been  to  the  Pacific 
Ocean,  and  have  accomplished  the  object  of  tlieir  tour  —  all  parties  have  joined 
here  in  expressing  their  high  sense  of  the  great  merit  of  these  gentlemen." 

On  June  14,  1807,  Governor  Frederick  Bates  issued  the 
following  commission  to  Judge  Bent: 

"  By  Frederick  Bates,  Secretary  of  the  Territory  of  Louisiana  and 

exercising  the  government  thereof. 
"  To  all  to  7vlio!n  these  presents  shall  come,  greeting  : 

■"  Know  ye,  that,  reposing  special  trust  and  confidence  in  the  integrity,  abilities 
and  diligence  of  Silas  Bent  Esquire,  I  do  appoint  him  ist  Justice  of  the  Court 
of  Quarter  Sessions,  and  first  Justice  of  the  Court  of  Common  Pleas  in  and  for 
the  District  of  St.  Louis,  and  do  autliorize  and  power  him  to  execute  and  fulfill 
the  duties  of  those  offices  according  to  law.  To  have  and  to  hold  the  said  offices 
withall  the  powers,  privileges  and  emoluments  to  the  same  of  right  appertain- 
ing from  and  after  the  date  hereof,  until  the  Governor  for  the  time  being  of  this 
territory,  shall  be  pleased  to  revoke  and  determine  this  commission. 

"  In  testimony  whereof  I   have  hereunto  affixed  the  territorial  seal,  and  sub- 
scribed my  name  at  St.  Louis,  the  fourteenth  day  of  June  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  seven,  and  of  the  independence  of 
the  United  States  of  America  the  thirty-first. 
\Seal.'\  "F.  Bates." 

We  found,  also,  among  Judge  Bent's  papers  his  commission 
as  auditor  of  public  accounts  for  the  district  of  St.  Louis, 
bearing  date  November  26,  1808,  in  the  following  words  : 

"  Merriweather  Lewis,  Governor  and  Commander-in-Chief  of  the  Ter- 
ritory of  Louisiana, 
"  To  all  who  shall  see  these  presents,  greeting  : 

"  Know  ye,  that,  reposing  special  trust  and  confidence  in  the  integrity,  abili- 
ties and  diligence  of  Silas  Bent  Esquire  I  do  appoint  him  Auditor  of  Public 
Accounts  for  the  District  of  St.  Louis  and  empower  him  to  discharge  the  duties 
of  said  office  according  to  law.  To  have  and  to  hold  the  said  office  with  all  the 
powers,  privileges  and  emoluments  to  the  same  of  right  appertaining  —  during 
the  pleasure  of  the  Governor  of  the  Territory  for  the  time  being. 

"In  testimony  whereof  I  have  caused  the  seal  of  the  Territory  to  be  here- 
unto affixed.      Given  under  my  hand  at  St.  Louis  the  twenty-sixth  day  of 
November,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and  eight, 
and  of  the  independence  of  the  United  States,  the  thirty-third. 
\Seal.'\  "Merriweather  Lewis. 

"  By  Frederick  Bates, 

'■'■Secretary  of  the  Territory  of  Louisiana.'''' 

We  also  append  letter  of  James   Monroe  to  Judge  Bent, 


SILAS  BENT.  209 

of  February  27,  181 3,  informing  him  of  his  appointment  as 
judge  of  the  Missouri  Territory: 

"  Department  of  State, 

"February  2y,  iSij. 
"  Sir: 

"  The  President  of  the  United  States  having,  by  and  witli  the  advice  and 
consent  of  the  Senate,  appointed  you  a  Judge  of  the  Missouri  Territory,  I  have 
the  pleasure  to  enclose  your  commission  for  that  office. 

"  With  great  respect, 

"  I  have  the  honor  to  be,  sir, 
"  Your  ob.  svt., 

"  Jas.  Monroe. 
"Silas  Bent,  Esq." 

In  the  Appendix  will  be  found  an  amusing  and  character- 
istic letter  of  David  Barton  to  Judge  Bent,  written  just  before 
Adams  was  elected  President,  in  1825,  by  the  Federal  House 
of  Representatives. 

14 


Charles  H.  Allen. 

One  of  the  most  remarkable  and  eccentric  men  connected 
with  the  early  bar  and  judiciary  of  our  state  was  Charles  H. 
Allen,  better  known  as  "  Horse  "  Allen. 

He  was  born  and  educated  in  Kentucky,  and  came  to  Mis- 
souri in  1830,  when  quite  a  young  man,  and  settled  in  Pal- 
myra. Of  his  early  life  but  very  little  is  known,  for  in 
respect  to  it  he  was  very  reticent,  and  would  permit  no  one 
to  interrogate  him  in  relation  to  his  age.  His  educational 
advantages  were  certainly  very  limited,  and  he  never  im- 
proved himself  much  by  study,  for  he  had  but  little  relish 
for  books,  and  his  knowledge  of  the  law  was  very  superficial. 

He  practiced  in  Kentucky  several  years  before  coming 
to  Missouri,  and  there  acquired  the  sobriqjiet  of  "Horse" 
Allen.  As  to  how  he  obtained  this  title  there  are  several 
versions,  the  most  reasonable  of  which  we  give:  He  was  a 
loud,  blustering  declaimer,  and  upon  one  occasion  was  em- 
ployed in  a  case  before  a  justice  of  the  peace  in  Kentucky, 
and  while  addressing  the  jury  an  old  man  in  the  audience, 
intoxicated,  cried  out,  "  Go  it,  old  horse."  Allen  imme- 
diately responded  with  the  declaration,  "  Yes,  I  am  a  whole 
horse,  and  half  alligator  at  that."  From  that  day  he  was 
christened  "  Horse,"  and  was  universally  so  called  till  the 
day  of  his  death. 

He  was  a  fine  declaimer,  and  most  excellent  stump- 
speaker,  and  was  selected  by  the  people  of  Marion  County 
to  represent  them  in  the  State  Legislature. 

In  1835  he  was  appointed  judge  of  the  Benton  Circuit,  in 
south-western  Missouri,  but,  disregarding  the  constitutional 
provision  which  required  a  circuit  judge  to  reside  within  the 
limits  of  his  circuit,  he  continued  to  live  with  his  family  in 
Palmyra.  This  brought  upon  him  severe  attacks  from  the 
press,  but  he  was  proof  against  newspaper  criticism. 


CHARLES  H.  ALLEN.  211 

After  Lilburn  W.  Boggs  was  installed  into  the  office  of 
governor,  he  promised  Judge  Allen  to  give  him  the  Palmyra 
Circuit,  one  of  the  most  important  circuits  in  the  state. 
The  promise  was  no  doubt  made  upon  the  representation 
that  he  would  be  acceptable  to  the  bar  and  people  of  that 
circuit ;  but  upon  the  assembling  of  the  Legislature  the  gov- 
ernor found  that  the  entire  bar  was  opposed  to  him,  and  tlie 
people  almost  unanimously  remonstrated  against  his  appoint- 
ment. The  governor,  therefore,  was  precluded  from  fulfill- 
ing his  promise,  but  sent  his  name  into  the  Senate  for  his 
old  circuit,  and  he  was  immediately  confirmed.  The  judge 
was  in  Jefferson  City  at  the  time,  and,  on  learning  the  dis- 
position that  had  been  made  of  him,  became  furious  ;  and, 
half  intoxicated  with  liquor,  repaired  to  the  executive  man- 
sion, and,  standing  on  the  sidewalk,  cursed  the  governor  up 
and  down,  denouncing  him  in  the  strongest  language  he  was 
capable  of,  until  quite  a  crowd  gathered  round  him,  when  he 
was  arrested  by  the  authorities  for  disturbing  the  public 
peace.  As  soon  as  the  Senate  became  informed  of  his  con- 
duct they  rescinded  his  nomination,  and  unanimously  re- 
jected him. 

A  few  years  afterwards  he  was  again  appointed  to  the  Ben- 
ton Circuit,  and  we  met  him  for  the  first  time  in  Waynesville, 
Pulaski  County,  about  1842,  where  he  was  holding  a  term 
of  his  court.  He  traveled  on  horseback  from  Palmyra  to 
his  circuit,  at  least  200  miles ;  and  around  the  circuit, 
about  800  more.  This  he  did  three  times  a  year,  spend- 
ing nearly  his  whole  time  in  the  saddle.  He  was,  how- 
ever, a  strong,  robust  man,  and  capable  of  the  greatest  en- 
durance. He  always  traveled  with  a  holster  of  large  pistols 
in  front  of  his  saddle,  and  a  knife  with  a  blade  at  least  a  foot 
long.  But  for  his  dress  a  stranger  might  have  readily  taken 
him  for  a   cavjilry    officer. 

He  was  a  man  of  strong  natural  abilities,  but  his  mind 
was  wholly  uncultivated  ;  nevertheless  he  might  have  suc- 
ceeded very  well  but  for  his  oddities  and  eccentricities, 
which  were  constantly  making  Inm  the  butt  of  ridicule.  In 
charging  a  grand  jury  he  made  a  regular  stump  speech,  and 


212  BENCH  AND  BAR   OF  MISSOURT. 

became  so  violent  in  liis  declamation  tliat  it  was   dangerous 
to  come  within  reach  of  him. 

In  those  days  it  was  common  for  people  to  settle  their 
personal  quarrels  during  court  week.  Three  or  four  fights  a 
day  were  not  uncommon  ;  a  ring  was  formed,  seconds  chosen, 
and  the  combatants,  stripped  to  the  waist,  would  enter  the 
ring,  shake  hands,  and  go  at  it.  Judge  Allen  took  great  de- 
light in  these  exhibitions,  and  would  adjourn  his  court  at  any 
time  to  witness  one.  No  Spaniard  ever  enjoyed  a  bull-fight 
more  than  he  did  these  personal  rencounters.  Though  by 
law  a  conservator  of  the  peace,  he  deemed  the  peace  bet- 
ter preserved  by  letting  them  fight  it  out. 

In  1844  a  portion  of  the  Democratic  party  in  the  state 
became  disaffected,  and  were  known  by  the  appellation  of 
"  Softs."  They  rebelled  against  the  regular  Democratic 
nomination,  and  ran  an  independent  ticket,  expecting  the 
aid  of  the  Whig  party.  Judge  Allen,  though  he  had  been 
up  to  that  time  a  consistent  Democrat,  announced  himself  as 
an  independent  candidate  for  governor.  The  Whig  party 
declined  to  make  any  nominations,  and  threw  their  entire 
vote  upon  the  independent  ticket.  The  judge  made  a  bold 
and  vigorous  canvass ;  and  by  a  combination  of  circum- 
stances came  very  near  being  elected  —  in  fact,  if  the  elec- 
tion had  taken  place  a  month  in  advance  of  the  time 
appointed  by  law,  his  election  would  have  been  assured. 
He  had  agreed  with  Judge  Edwards,  the  Democratic  nom- 
inee, to  open  the  canvass  at  Waynesville  on  a  specified  day. 
Both  appeared  on  the  day  before,  and  Edwards  was  sud- 
denly taken  down  with  an  attack  of  bilious  fever,  and  had 
to  be  conveyed  back  to  his  residence  in  Cole  County.  This 
left  the  whole  field  to  Allen,  and  his  friends  adroitly  spread 
the  report  that  Edwards  was  afraid  to  meet  him.  Allen's 
circuit  was  the  strongest  Democratic  portion  of  the  state, 
and  this  unfortunate  occurrence  had  a  most  demoralizing 
effect  upon  the  prospects  oi  the  Democratic  cause.  The 
first  day  of  the  Circuit  Court  at  Steelsville,  in  Crawford 
County,  was  fixed  upon  as  the  time  and  place  for  the  second 
meeting.     Though    a   candidate    for  the     Legislature   from 


CHARLES  II.  ALLEN.  213 

Franklin  County,  we  repaired  to  Steelsville,  at  the  urgent 
solicitation  of  the  leading  Democrats  of  that  section,  to  meet 
Judge  Allen  in  debate;  and  the  scene  that  there  followed 
no  language  can  faithfully  portray.  The  court-room  was 
crowded  to  suffocation,  and  the  judge  commenced  his  speech 
about  eleven  o'clock,  or  immediately  after  charging  the  grand 
jury — for  Crawford  County  was  in  his  circuit.  He  spoke 
about  two  hours,  and  at  the  conclusion  a  general  call  was 
made  upon  us  to  reply.  It  is  proper  here  to  state  that  before 
opening  his  court  the  judge  approached  us  to  ascertain  if 
we  intended  to  reply  to  him.  On  learning  that  such  was 
our  conclusion,  he  remonstrated  against  it,  and  stated  that 
he  did  not  think  we  ought  to  interfere  in  the  fight.  We 
replied  that  we  felt  no  disposition  to  do  him  any  harm,  nor 
had  we  any  personal  feeling  in  the  matter,  but  the  welfare 
of  the  entire  Democratic  party  was  at  stake,  and  if  he  suc- 
ceeded it  would  throw  the  state  ultimately  in  the  hands  of 
the  Whigs.  He  replied  that  the  Democrats  had  selected 
Judge  Edwards  as  their  standard-bearer,  and  it  was  his 
business  to  meet  him,  and  not  ours.  We  commenced  speak- 
ing about  one  o'clock,  the  judge  sitting  near  us  on  the 
bench.  After  speaking  about  an  hour,  we  undertook  to 
show  that  the  "Softs"  were  coalescing  with  the  Whigs,  and 
the  defeat  of  the  Democratic  party  could  only  inure  to  the 
benefit  of  our  old  and  common  enemy;  that  if  the  indepen- 
dent movement  was  successful,  the  state  would  pass  into  the 
hands  of  the  Whigs,  who  would  then  eschew  both  wings  of 
the  Democratic  party.  The  judge  saw  that  our  line  of  argu- 
ment was  producing  a  decided  effect  upon  the  audience,  and 
without  any  previous  intimation  to  us,  and  in  a  most  discour- 
teous manner,  cried  out,  "  Sheriff,  open  court."  At  this 
unwarrantable  interruption  the  crowd  became  greatly 
incensed,  and  adjourned  to  a  wood-pile,  where  we  finished 
our  speech.  Nothing  could  have  tended  more  to  unite  the 
Democrats  of  Crawford  County  than  Judge  Allen's  conduct 
on  this  occasion.  That  it  did  have  that  effect  is  evident 
from  the  large  majority  that  Edwards  received  in  that 
county.     We  did    not  see  Allen    again   during   the   canvass. 


214  BENCH  AND  BAR   OF  MISSOURI. 

but  the  second  sober  thought  seized   the  minds  of  the  Dem- 
ocrats, and  the  state  was  saved  by  about  5,000  majority. 

Judge  Allen  died  in  Palmyra  in  1862,  leaving  a  wife  and 
several  children.  It  is  said  by  those  who  knew  him  inti- 
mately that  he  had  generous  impulses,  and  was  capable  of 
strong  attachments. 

During  the  gubernatorial  canvass  Judge  Allen  made  a 
speech  at  Bowling  Green,  Pike  County,  where  lived  a  law- 
yer by  the  same  name.  He  was  introduced  to  the  judge, 
and  while  shaking  hands  remarked,  "They  call  you  '  Horse' 
Allen;  I  reckon  I  must  be  the  colt,"  and  from  that  time 
he  was  dubbed  "Colt"  Allen,  and  never  got  rid  of  the  name. 

It  not  unfrequently  happens  that  a  very  trifling  incident 
attaches  to  a  man  a  name  which  he  is  incapable  of  throwing 
off.  In  one  of  the  north-eastern  counties.  Pike  or  Marion, 
there  settled  at  an  early  period  a  young  lawyer  who  was  in 
the  habit  of  practicing  in  justices'  courts.  On  one  occasion 
he  was  employed  to  defend  a  man  in  a  civil  suit  in  the  county, 
in  which  the  litigants  were  farmers,  and  walked  ten  miles  to 
the  place.  The  plaintiff  had  retained  no  attorney,  not  sup- 
posing that  the  defendant  would  have  one,  so  he  was  forced 
to  appear  in  his  own  behalf.  The  defendant's  attorney,  after 
the  evidence  closed,  made  a  long  speech,  and  quite  an  able 
one,  for  he  was  a  good  talker.  After  he  closed,  the  plaintiff 
arose  and  said  to  the  jury,  "  Gentlemen,  the  defendant  has 
tried  to  cheat  me  out  of  this  debt ;  he  has  tried  to  lie  me  out 
of  this  debt;  he  has  tried  to  szveai'WiO.  out  of  this  debt;  and 
now  he  has  brought  this  'ere  man  here  [pointing  to  the 
attorney,  who  was  exceedingly  hard  featured]  to  ugly 
me  out  of  it."  The  plaintiff  got  a  verdict,  and  the  attorney 
wore  the  sobriquet  of  "  Old  Ugly,"  in  which  he  rejoiced,  for 
he  often  told  the  joke  on  himself  with  much  gusto. 


Peter  t.  abell 

Was  for  a  number  of  years  a  practicing  lawyer  in  Bruns- 
wick, Chariton  County,  Missouri,  and  was  a  partner  of 
General  B.  F.  Stringfellow,  one  of  the  most  eminent  law- 
yers of  the  state. 

Mr.  Abell  encountered  many  difficulties  through  life,  par- 
ticularly his  early  life,  which  to  one  of  less  energy  and  will 
would  have  proved  very  disheartening.  He  was  a  native  of 
Kentucky,  and  born  in  Beardstown,  July  29,  181 3,  and  while 
an  infant  became  an  orphan.  He  received  the  chief  part  of  his 
education  from  Father  Robert  Abell,  a  Catholic  priest,  but 
while  in  college,  at  the  early  age  of  fourteen,  he  became 
afflicted  with  some  affection  of  his  eyes  which  compelled 
him  to  leave  college,  and  for  six  years  he  suffered  intensely, 
and  finally  lost  the  right  eye.  He  was  very  ambitious  to 
obtain  a  classical  education,  but  for  the  reason  just  given 
was  unable  to  do  so. 

In  June,  1833,  he  came  to  Keytesville,  Chariton  County, 
Missouri,  and  engaged  in  merchandising  with  his  cousin,  G. 
W.  Givens,  but  soon  took  a  distaste  for  mercantile  life,  and 
commenced  the  study  of  the  law.  General  Stringfellow  was 
kind  enough  to  give  him  the  use  of  his  law  library,  and  he 
studied  at  home,  and,  with  his  habits  of  industry  and  fond- 
ness for  reading,  soon  prepared  himself  for  admission  to  the 
bar,  and  was  licensed  to  practice.  He  attended  the  courts 
of  Chariton,  Carroll,  Linn,  Livingston,  and  one  or  two 
others. 

In  1849  he  and  General  Stringfellow  formed  a  partnership 
at  Brunswick,  and  practiced  together,  doing  a  large  business, 
until  in  1853,  when  Mr.  Abell  moved  to  Weston,  in  Platte 
County,  where  he  remained  about  two  years.  Here  his 
health  began  to  give  way,  and  under  the  advice  of  his  phy- 
sician he  went  to  Kansas,  and  settled  at  Atchison.      He  soon 


2l6  BENCH  AND  BAR   OF  MISSOURI. 

found  that  his  failing  health  would  not  admit  of  a  further 
prosecution  of  his  profession,  and  he  became  president  of  the 
company  that  laid  out  the  town  of  Atchison.  His  fine  busi- 
ness habits  and  clear  judgment  greatly  contributed  to  the 
advancement  of  the  town,  and  he  devoted  his  entire  time  and 
great  energy  to  building  up  and  promoting  her  railroad 
interests.  In  1871  he  was  elected  president  of  the  Atchison 
&  Nebraska  Railroad,  which  position  he  occupied  until  his 
health  forced  him  to  abandon  business  altogether. 

He  died  in  Atchison,  on  January  16,  1874,  in  his  sixty-first 
year. 

Mr.  Abell,  notwithstanding  the  adverse  circumstances 
which  surrounded  him,  made  himself  an  excellent  lawyer; 
but  his  field  was  in  his  office,  and  not  in  the  court-room. 
He  was  a  safe  and  reliable  counselor,  but  had  but  little 
ability  as  an  advocate  —  in  fact,  he  made  no  pretensions  to 
oratory,  though  his  speeches  were  characterized  by  a  large 
amount  of  good  sense,  and  a  thorough  knowledge  of  the 
law.  His  superior  business  habits  made  him  a  fit  partner  for 
a  lawyer  of  General  Stringfellow's  brilliancy. 

We  have  always  heard  Mr.  Abell  spoken  of  as  a  kind- 
hearted,  generous  man,  liberal  to  the  poor,  and  liberal  and 
free  in  his  charities  generally.  His  habits  were  of  the  most 
exemplary  kind,  and  his  integrity  beyond  suspicion. 


ROBERT   A.   EWING, 

A  lawyer  of  Cole  County,  Missouri,  and  father  of  H.  Clay 
Evving,  late  attorney-general  of  the  state,  was  born  in  Rob- 
ertson County,  Tennessee,  in  March,  1792,  and  when  but  two 
years  of  age  his  father  removed  to  Logan  County,  Kentucky, 
where  Robert  was  raised.  It  does  not  appear  that  the  sub- 
ject of  this  sketch  had  any  higher  educational  advantages 
than  the  common  oountry  schools  of  that  day  afforded.  He 
studied  law  in  the  office  of  the  Hon.  John  J.  Crittenden,  who 
became  greatly  distinguished  as  a  lawyer  and  st^Aesman. 

Mr.  Ewing  was  licensed  in  Kentucky,  but  he  could  not 
have  practiced  there  long,  for  in  18 19  he  came  to  Missouri 
and  settled  in  Jefferson  City,  where  he  continued  to  practice 
with  success  until  1837,  when  he  purchased  a  farm  on  the 
Missouri  River,  about  six  miles  below  Jefferson  City,  and 
devoted  the  balance  of  his  days  to  agricultural  pursuits,  for 
which  he   evinced  a  fondness  at  an   early  period  of  his  life. 

It  was  in  1837  or  1838  that  we  first  met  Mr.  Ewing,  in  Jef- 
ferson City,  and  found  him  a  most  intelligent  and  agreeable 
gentleman. 

Soon  after  coming  to  the  state  Mr.  Ewing  married  Miss 
Jane  Ramsay,  a  daughter  of  General  Jonathan  Ramsay,  of 
Callaway  County,  Missouri,  by  whom  he  had  a  large  family 
of  children,  with  several  of  whom  we  became  well  ac- 
quainted. Mr.  Ewing  had  not  retired  from  the  practice  of 
his  profession  long  before  the  people  of  Cole  County  elected 
him  as  one  of  the  justices  of  their  County  Court,  at  a  time 
when  the  county  was  greatly  embarrassed  in  her  financial 
condition.  When  we  consider  that  Judge  Ewing  was  a  very 
decided  Whig  in  his  politics,  and  a  majority  of  the  people 
were  Democratic,  his  election  to  so  responsible  a  position, 
under  the  existing  circumstances,  was  a  compliment  that 
any  man  might  have  been  proud  of. 


21  8  BENCH  AND  BAR   OF  MISSOURI. 

Judge  Ewing,  with  the  assistance  of  his  associate  judges, 
succeeded  in  reheving  the  county  of  her  pecuniary  embar 
rassment,  and  then  expressed  a  desire  to  retire  from  the 
bench  ;  but  the  people  had  learned  to  appreciate  his  valu- 
able services,  and  continued  to  reelect  him  for  many  years 
—  in  fact,  as  long  as  he  could  be  induced  to  serve  them. 
Probably  no  county  in  the  state  was  more  strongly  wedded 
to  the  Democratic  policy  than  Cole ;  but  every  tax-payer 
felt  an  interest  in  the  proper  management  of  county  af- 
fairs, and  they  were  unwilling  to  dispense  with  the  valuable 
services  of  Judge  Ewing  by  reason  of  a  difference  in  their 
political  views.  Moreover,  he  had  become  very  popular,  for 
he  was  exceedingly  pleasant  and  affable  in  his  address,  and 
mingled  freely  with  the  people,  whose  confidence  in  his 
integrity  was  never  diminished. 

Judge  Ewing  made  no  effort  at  forensic  display.  His  chief 
excellence  consisted  in  his  fine  administrative  powers  and 
his  excellent  business  capacity,  which  fitted  him  for  almost 
any  public  position.  He  had  no  ambition  for  notoriety,  but 
was  rather  disposed  to  lead  a  quiet  and  domestic  life  ; 
hence,  never  became  a  candidate  for  office. 

His  admiration  for  Kentucky's  great  statesman,  Mr.  Clay, 
was  unbounded,  and  he  adhered  to  him  long  after  his  polit- 
ical sun  had  set. 

In  private  life  Judge  Ewing  was  noted  for  his  kindness  and 
hospitality,  and  his  death,  in  1857,  was  universally  regretted 
by  all  who  knew  him. 


BRYAN    MULLANPHY. 

The  history  of  the  Missouri  bar  furnishes  few  names  more 
faniihar  to  the  profession  than  that  of  Bryan  MuUanphy,  who 
was  born  in  the  city  of  Baltimore  in  1809.  His  father,  John 
MuUanphy,  was  a  native  of  County  Fermanagh,  Ireland. 
His  mother  was  Elizabeth  Brown,  of  Youghal,  County 
Waterford.  They  emigrated  to  America,  landing  in  Phila- 
delphia in  1794,  where  they  remained  a  short  time,  and  then 
removed  to  Baltimore. 

In  1798  Mr.  MuUanphy  came  West,  and  located  in  Frank- 
fort, Kentucky,  where  he  engaged  in  mercantile  pursuits. 
He  built  there  a  large  store-house,  laid  the  first  pavement  in 
that  town,  and  carried  on  a  very  successful  business.  At 
least  once  a  year  he  traveled  on  horseback  to  Baltimore  to 
purchase  goods,  and  became  one  of  the  most  extensive  and 
enterprising  merchants  in  the  West. 

In  1803  he  built  a  schooner,  and  sent  her,  laden  with 
produce,  to  the  West  Indies,  under  an  experienced  captain  ; 
but  she  was  finally  lost  in  a  gale,  and  it  was  supposed  that 
all  on  board  perished. 

In  1804  he  again  changed  his  residence,  and  settled  in  St. 
Louis,  which  at  that  time  contained  a  population  of  about 
1,200,  mostly  Creole  French,  there  being  but  two  American 
families.  It  was  during  this  year  that  George  Tompkins, 
John  Scott,  Rufus  Easton,  Dr.  William  Carr  Lane,  and  Ed- 
ward Hempstead  came  to  St.  Louis.  Mr.  MuUanphy  spoke 
the  French  language  very  fluently,  and  might  readily  have 
been  taken  for  a  Frenchman.  His  foresight  and  sagacity  soon 
convinced  him  that  St.  Louis  was  destined  to  become  a  large 
commercial  city,  and  he  invested  all  his  spare  means  in  real 
estate,  which  laid  the  foundation  of  the  largest  private  for- 
tune that  any  one  ever  accumulated  west  of  the  Mississippi  . 
River.     The  property  left  by  Mr.    MuUanphy  at   his   death. 


220  BENCH  AND  BAR   OF  MISSOURI. 

with  the  improvements  since  made  upon  it,  is  at  this  time 
reasonably  worth  ^20,000,000. 

The  facihties  in  St.  Louis  for  educating  his  children  were 
ver)'  limited,  and  he  sent  them  to  Baltimore,  to  which  place 
he  removed  his  family,  not,  however,  intending  to  abandon 
his  residence  in  St.  Louis.  His  son,  Bryan,  received  his  pri- 
mary education  in  private  schools,  but  was  eventually  sent  to 
Paris,  in  France,  where  he  remained  four  years  at  the  Jesuit 
College,  in  which  he  obtained  a  thorough  knowledge  of  the 
French  language.  From  there  he  was  sent  to  Stonyhurst  Col- 
lege, in  England,  in  which  institution  he  graduated  with 
honor.  At  the  age  of  eighteen  he  returned  to  the  United 
States,  and  commenced  the  study  of  the  law  in  St.  Louis.  It 
does  not  appear  that  he  entered  the  law-office  of  any  attor- 
ney, and  the  supposition  is  that  he  procured  all  the  leading 
elementary  works  and  studied  them  in  his  private  room. 
Soon  after  reaching  his  majority  he  was  licensed  to  practice. 
Being  an  only  son  out  of  eight  children,  he  became  the  pride 
of  the  family,  and  his  father  indulged  in  the  fond  expecta- 
tion that  his  son  would  become  a  very  polished  gentleman. 

On  his  return  from  Europe,  Bryan  landed  at  New  Orleans, 
and  took  passage  on  a  steamer  for  St.  Louis.  On  reaching 
a  point  about  fifteen  miles  below  the  city,  the  boat  was 
prevented  from  proceeding  further  by  floating  ice,  and  the 
passengers  were  forced  to  land  and  proceed  to  the  city  by 
any  conveyance  they  could  obtain.  At  that  time  we  had  no 
macadamized  roads,  and  the  mud  was  knee-deep  from  recent 
rains.  Bryan  hired  a  mule,  and  rode  bare-back  to  the 
city,  and  when  he  reached  the  family  residence  he  was 
covered  with  mud  from  head  to  foot,  presenting  a  most 
deplorable  sight.  Upon  the  announcement  of  his  arrival,  his 
father  came  to  the  door  to  welcome  him  home,  but  instead 
of  the  polished  and  fine-appearing  gentleman  which  his  long- 
cherished  hopes  had  led  him  to  anticipate,  he  saw  a  man 
clothed  in  mud  and  mire,  and,  according  to  tradition,  ex- 
pressed his  displeasure  and  disappointment.  It  is  even  said 
that  this  incident  caused  him  to  change  his  will  unfavorably 
to  his  son. 


BR  YAN  MULLANPH  V.  221 

Bryan  had  seven  sisters,  one  of  whom  married  General 
Harney,  of  the  United  States  army.  Another  became  the 
wife  of  Judge  Boyce,  of  Louisiana  —  she  being  a  widow  at 
the  time  of  this  marriage.  A  third  married  Major  Thomas 
Biddle,  of  the  army.  He  was  a  brother  of  Nick  Biddle, 
president  of  the  old  United  States  Bank,  and  also  of  Com- 
modore Biddle,  of  the  navy.  He  was  killed  in  a  duel  with 
Spencer  Pettis.  Another  sister  married  Charles  Chambers, 
Esq.,  father  of  the  present  proprietor  of  the  St.  Louis  Daily 
Times.  The  eldest,  who  was  named  Ellen,  died  in  France, 
unmarried.  The  remaining  sister  became  the  wife  of  James 
Clemens,  Jr.,  an  influential  merchant  of  St.  Louis. 

They  all  received  from  their  father  large  estates,  and 
as  Br\'an  was  an  only  brother,  they  admitted  him  to  an 
equal  share. 

These  ladies  became  noted  for  their  liberal  charities,  in- 
deed, benevolence  and  kindness  to  the  poor  —  particularly  the 
destitute  orphan  —  have  always  been  characteristics  of  the 
Mullanphy  family.  Mrs.  Biddle  established  and  endowed 
several  institutions,  among  the  most  noted  of  which  is  the 
"  Biddle  Infant  Asylum  and  Widows'  Home,"  founded  in 
1853,  3-'"'*^  located  on  the  corner  of  Tenth  and  O'Fallon 
Streets.  The  good  that  this  noble  institution  has  done,  and  is 
still  doing,  is  incredible.  Thousands  of  abandoned  children 
have  been  received  inside  of  its  walls,  cared  and  provided 
for — some  but  a  few  days  old,  some  a  month,  and  many  be- 
tween one  and  two  years,  abandoned  by  mothers  who  were 
either  unable  to  maintain  them  or  wished  to  conceal  the  dis- 
grace of  their  birth.  A  writer  in  one  of  the  St.  Louis  papers 
of  1867  thus  alludes  to  the  infantile  department: 

"  It  not  unfrequently  happens  that  a  woman  appears  at  the  institution  before 
the  lady  superior,  holding  a  child  in  her  arms,  and  states  that  the  mother  of  the 
infant  is  dead.  A  glance  at  the  child,  and  then  at  the  woman,  soon  reveals  the 
fact  that  the  mother  is  there. 

"The  lady  superior  seeing  this,  without  any  hesitancy  proceeds  to  take 
the  child,  remarking,  '  You,  then,  madam,  have  no  further  claim  upon  the 
child.'  The  mother  recoils,  hesitates,  and  then  begs,  while  giving  the  child 
away,  that  she  may  see  it  again,  and  be  apprised  of  its  condition  from  time 
to  time." 


222  BENCH  AND  BAR   OF  MISSOURI. 

Were  it  not  foreign  to  the  purpose  of  this  work,  we  might 
refer  to  other  charitable  institutions  which  have  had,  and  are 
still  receiving,  the  fostering  care  of  this  family  ;  but  it  is  to 
be  hoped  that  some  one  equal  to  the  task  will  yet  furnish  the 
public  a  detailed  account  of  them,  and  the  great  benefits  they 
are  conferring,  for  it  would  be  an  interesting  chapter  in  the 
history  of  our  great  city. 

It  was  stated  that  John  Mullanphy  realized  a  handsome 
fortune  from  the  purchase  and  sale  of  the  bales  of  cotton  used 
by  General  Jackson  in  the  defense  of  New  Orleans.  After 
the  declaration  of  peace,  cotton  rose  rapidly  in  value,  and  the 
foresight  of  Mr.  Mullanphy  enabled  him  to  realize  a  rich  re- 
ward  from  his  investment. 

Bryan  Mullanphy  entered  upon  the  practice  of  the  law  un- 
der the  most  favorable  auspices.  With  a  thorough  classical 
education  and  a  good  legal  mind,  aided  by  wealth  and  fam- 
ily influence,  there  was  nothing  to  prevent  success  but  ill- 
health  or  gross  inattention  to  business,  neither  of  which 
could  be  charged  to  him,  for  he  was  a  man  of  excellent  con- 
stitution and  studious  habits,  and  manifested  a  fondness  for 
his  profession.  He  not  only  practiced  in  all  the  courts  of  St. 
Louis,  but  also  in  the  Circuit  Courts  of  Franklin  and  St. 
Charles  Counties,  and  occasionally  attended  the  courts  of 
Washington  and  Jefferson  Counties. 

We  first  became  acquainted  wath  him  at  the  Franklin 
Court,  in  the  spring  or  fall  of  1837.  He,  Edward  Bates,  and 
Trusten  Polk  were  attending  that  court,  and  were  engaged 
in  several  important  trials  —  one,  in  particular,  we  recollect 
from  an  amusing  incident  that  occurred.  He  and  Mr.  Polk 
were  engaged  in  the  argument  of  a  case  before  a  jury,  being 
on  opposite  sides.  Mr.  Mullanphy,  being  for  the  plaintiff, 
had  the  concluding  argument.  It  was  an  exceedingly  hot 
day,  and  the  atmosphere  of  the  court-room  very  oppressive. 
Mr.  Polk  asked  permission  of  the  court  to  take  off  his  coat, 
which  was,  of  course,  granted.  When  Mr.  Mullanphy  rose  to 
reply,  he  asked  and  obtained  the  same  privilege,  and  in  the 
act  of  removing  his  coat  discovered  that  he  had  no  shirt  on 
but   a  thin  gauze   undershirt.      He  instantly   remarked  that 


BRYAN  MULLANPHY.  223 

he  believed  he  would  not  avail  himself  of  the  indulgence  of 
the  court,  as  he  had  left  his  shirt  in  his  room  at  the  hotel ; 
and  in  the  midst  of  a  roar  of  laughter,  which  he  seemed 
greatly  to  enjoy,  began  to  rebutton  his  coat.  At  that  time 
he  was  noted  for  his  carelessness  in  dress,  frequently  ap- 
pearing with  a  boot  on  one  foot  and  an  untied  shoe  on  the 
other,  and  half  the  time  without  a  vest. 

A  warm  friendship  then  sprang  up  between  Mr.  Mullanphy 
and  the  author,  which  continued  until  the  death  of  the  for- 
mer. Speaking  of  Mr.  MuUanphy's  carelessness  in  dress  re- 
minds us  of  a  witty  reply  he  once  made  to  Mr.  Polk,  who  was 
taking  him  to  task  for  his  slovenliness.  "  Why,"  said  Polk, 
"  I  cannot  get  along  with  less  than  three  clean  shirts  a  week." 
"  Nor  could  I,"  said  Mr.  Mullanphy,  "if  I  was  as  dirty  a  fel- 
low as  you."  It  is  proper  here  to  remark  that  Mr.  Polk  was 
very  neat  in  his  person. 

Though  not  an  orator,  Mr.  Mullanphy  was  a  fine  logician, 
and  a  fluent,  ardent,  and  impressive  speaker,  and  seldom 
failed  to  rivet  the  attention  of  both  court  and  jury.  His 
mind  was  quick  and  active,  and  his  thoughts  flowed  so  rap- 
idly, one  upon  the  other,  that  at  times  it  gave  his  utterance 
the  semblance  of  hesitation.  He  had  just  enough  of  the 
Irish  accent  to  give  his  voice  a  pleasant  and  agreeable 
sound,  and,  unlike  many  advocates,  seldom  indulged  in  repe- 
tition or  useless  verbiage.  He  was  thoroughly  grounded 
in  the  principles  of  the  law,  and  quick  to  detect  the  weak 
points  of  his  adversary's  case.  He  wasted  no  time  in  the  dis- 
cussion of  trivial  matters.  He  believed  in  the  legal  maxim, 
"  Dc  iniitimis  non  curat  lex."  He  was  as  well  versed  in  the 
civil  as  in  the  common  law,  which  gave  him  a  great  advan- 
tage in  his  practice,  and  proved  highly  serviceable  to  him 
when  on  the  bench.  He  was  also  a  fine  belles-lettres 
scholar,  and  his  reading  and  learning  were  varied  and  ex- 
tensive. It  was  impossible  to  converse  with  him  on  any 
subject  which  had  not  elicited  more  or  less  of  his  attention. 

In  1840  he  was  elected  to  the  bench  of  the  St  Louis  Cir- 
cuit Court,  and  discharged  the  arduous  and  responsible  du- 
ties of  that  office  with  great  ability  and  fidelity.     Some  of  his 


224  BENCH  AND  BAR   OF  MISSOURI. 

decisions  were  freely  criticised  by  the  press,  but  few  were 
reversed  in  the  appellate  court. 

Judge  Mullanphy  was  a  very  eccentric  man,  and  car- 
ried his  eccentricities  upon  the  bench.  Upon  one  occasion, 
when  engaged  in  the  trial  of  a  cause,  word  was  brought  to 
him  that  his  mother  was  taken  suddenly  ill.  He  immedi- 
ately announced  that  the  cotirf  s  mother  was  very  sick,  and 
directed  the  sheriff  to  adjourn  the  court  until  the  next  day. 

At  another  time  he  was  insulted  upon  the  street  by  an  at- 
torney who  took  exception  to  his  ruling,  when  he  knocked 
the  attorney  down  with  his  cane  ;  and,  strange  to  say,  the 
grand  jury  indicted  him  for  an  assault  with  intent  to  kill. 
While  on  the  bench  the  fact  was  whispered  in  his  ear,  when 
he  proclaimed,  in  a  loud  voice,  "The  conrt  is  indicted;  sher- 
iff, adjourn  court." 

Many  other  amusing  incidents  are  related  of  him  while 
exercising  the  functions  of  a  judge,  but  space  will  not  per- 
mit us  to  give  more  than  one.  A  case  involving  the  title  to 
a  cow  was  tried  in  his  court,  and  warmly  contested.  Each 
party  proved  that  he  raised  the  cow  from  a  calf,  but  it  ap- 
peared in  evidence  that  the  defendant  was  unusually  kind  to 
the  animal,  providing  for  her  an  abundance  of  food,  and  a 
comfortable  shelter  in  the  winter.  The  testimony  was  so 
evenly  balanced  that  the  judge  took  the  case  under  advise- 
ment, and  the  next  day  gave  the  following  opinion  : 

"  I  have  carefully  considered  this  case,  and  shall  decide  it  upon  the  author- 
ity of  the  Bible.  King  Solomon  was  a  good  and  wise  man,  and  upon  one 
occasion  two  women  came  before  him  claiming  the  same  child.  The  king  was 
unable  to  decide  from  the  evidence,  and  called  for  a  sword  to  cut  the  child  in 
twain,  so  that  each  claimant  could  take  half.  One  of  the  women  threw  her- 
self in  the  way  of  the  sword,  and  said,  '  Oh,  my  lord,  give  her  the  living 
child,  and  in  nowise  slay  it.'  But  the  other  said,  '  Let  it  be  neither  mine  nor 
thine,  but  divide  it.'  Then  the  king  said,  'Give  her  the  living  child,  and  in 
nowise  slay  it:  she  is  the  mother  thereof.' 

"  Now,  in  this  case  the  testimony  shows  that  the  defendant  has  been  kind  to 
the  cow,  and  provided  liberally  for  her  at  all  seasons  of  the  year,  and  has 
manifested  much  feeling  for  the  brute.  This  fact  is  entitled  to  much  weight, 
and  leaves  me  no  alternative  but  to  render  judgment  in  his  behalf." 

Judge   Mullanphy  was  very  fond  of  the   drama,   and   ane 


BRYAN  MULLANPHY.  225 

of  its  most  liberal  patrons.  During  one  of  the  engagements 
of  Jameison,  the  tragedian,  he  called  upon  him  ;it  the  Plant- 
ers' House,  and  invited  him  to  take  a  ride.  They  proceeded 
ten  or  twelve  miles  below  the  city,  when  they  stopped  at  a 
saloon  for  a  glass  of  wine.  While  Jameison  was  perusing  a 
magazine  which  he  found  on  the  table,  Judge  Mullanphy  qui- 
etl}'  and  unnoticed  got  into  his  buggy  and  drove  rapidly 
back  to  the  city,  leaving  the  actor  to  get  back  the  best  way 
in  his  power.  It  was  near  night,  and  Jameison  was  forced 
to  hire  a  conveyance  at  an  extravagant  price,  and  when  he 
reached  the  theater,  half  an  hour  behind  his  time,  he  found 
the  manager  attempting  to  apologize  to  the  audience  for  his 
absence.  No  reason  for  this  whim  of  the  judge  was  given, 
nor  was  Jameison  able  to  assign  any  motive  for  it  ;  though  it 
is  more  than  probable  that  he  had  said  something  which  dis- 
pleased the  judge. 

In  his  intercourse  with  others  he  was  sometimes  abrupt, 
and  not  unfrequently  appeared  discourteous ;  yet  under  that 
rough  exterior  he  carried  a  heart  that  overflowed  w  ith  kind- 
ness and  benevolence.  The  poor  of  St.  Louis  never  had, 
and  never  will  have,  a  better  friend.  His  bount)^  knew  no 
limit,  and  the  recipients  of  his  charity  were  innumerable  ; 
and  though  he  has  been  in  his  grave  twenty-seven  years,  not 
a  day  passes  without  a  jjrayer  to  Heaven  for  his  blessing,  by 
some  recipient  of  his  bounty. 

With  a  unanimity  almost  unparalleled  he  was  called  upon, 
in  1847,  to  fill  the  office  of  mayor  of  St.  Louis;  and  during 
his  administration  the  cholera  prevailed  as  an  epidemic 
throughout  the  country,  and  particularly  was  it  fatal  among 
emigrants  seeking  homes  in  the  West,  who  were  exposed  to 
it  by  the  privations  and  hardships  of  a  long  journey.  The 
mayor  made  daily  visits  to  their  encampments,  and  pro- 
vided for  their  necessities,  furnishing  them  with  wholesome 
food  and  medical  attention,  and  leaving  nothing  undone  to 
insure  their  health  and  comfort.  In  those  daily  visits  he  wit- 
nessed much  suffering,  and  became  impressed  with  the  ne- 
cessity of  adopting  some  method  to  supply  their  wants  in  the 
future.     It  was  a  grand  conception,  particularly  in  one  born 

15 


226  BENCH  AND  BAR   OF  MISSOURI. 

\\\  affluence,  and  who  knew  nothing  personally  of  the  bitter 
pangs  of  poverty ;  and  when  we  reflect  that  it  has  been  ex- 
ecuted, and  is  still  being  executed,  by  his  individual  bounty, 
we  cannot  be  too  lavish  in  awarding  to  his  memory  that  rev- 
erence which  it  so  richly  deserves. 

On  one  occasion,  in  1849,  ^'^^  ji-'^^gs  invited  a  friend  to 
take  a  social  glass  with  him,  and  they  entered  a  saloon  which 
he  occasionally  visited.  While  drinking  to  each  other's  health, 
the  judge  asked  the  proprietor  for  a  piece  of  writing-paper, 
which  he  was  unable  to  furnish  ;  whereupon,  seeing  a  book 
lying  upon  the  counter,  he  tore  out  the  fly-leaf,  and  upon  it 
wrote  his  will,  in  the  following  words: 

"I,  Bryan  ^lullanphy,  do  make  and  declare  the  following  to  be  my  last  will 
and  testament:  One  equal  undivided  third  of  all  my  property,  real,  per- 
sonal, and  »iixed,  I  leave  to  the  city  of  St.  Louis,  in  the  state  of  Missouri, 
in  trust,  to  be  and  constitute  a  fund  to  furnish  relief  to  all  poor  emigrants 
and  travelers  coming  to  St.  Louis  on  their  way,  bona  fide,  to  settle  in  the 
West. 

"  I  do  appoint  Felix  Coste  and  Peter  G.  Camden  executors  of  this  my  last 
will  and  testament,  and  of  any  other  will  or  executory  devise  that  I  may 
leave.  All  and  any  such  document  will  be  found  to  be  autograph,  all  in  my 
own  handwriting. 

"In  testimony  whereof,  witness  my  hand  and  seal. 

[Signed,]  "  Bryan  Mullanphy.     \Seal.'\  " 

Calling  upon  two  of  his  acquaintances  to  witness  it,  he 
folded  it  up  and  placed  it  in  the  hands  of  a  friend  for  safe- 
keeping, and  after  his  death,  in  1851,  it  was  regularly 
probated. 

An  attempt  was  made  by  one  of  the  interested  parties  to 
break  the  will  upon  several  grounds,  chiefly,  however,  the 
following  : 

1.  That  the  city  of  St.  Louis  was  not  competent  to  take 
the  trust  attempted  to  be  created  by  the  will. 

2.  That  the  alleged  will  was  void  by  reason  of  the  uncer- 
tainty as  to  who  were  the  beneficiaries. 

After  a  long  and  protracted  litigation  the  will  was  sus- 
tained. The  reader  is  referred  to  a  report  of  the  case  in  the 
29th  Missouri  Reports,  page  543. 

By  the  will  the  city  of  St.  Louis  received,  in    trust,  prop- 


BRYAN  MULLANPHY.  22/ 

erty  then  valued  at  $500,000.  By  an  ordinance  of  the  City 
Council  a  board  was  created  to  take  charge  of  the  property, 
and  so  invest  it  as  to  create  an  annual  income ;  and  this  in- 
come is  expended  in  carrying  out  the  will  and  design  of  the 
donor. 

Not  a  day  passes  in  which  some  emigrant  who  has  reached 
our  city  impoverished  by  sickness  or  otherwise  is  not  sent 
forward  rejoicing,  through  the  bounty  of  this  noble  benefac- 
tor of  mankind. 

Judge  Mullanphy,  in  his  charities,  was  as  eccentric  as  in 
everything  else.  Almost  every  morning  he  visited  the  old 
market-house,  then  on  Main  Street,  between  Market  and 
Walnut.  On  one  of  these  visits  he  noticed  a  woman  try- 
ing to  sell  a  cow.  She  had  several  children  with  her,  and 
though  they  appeared  clean,  they  carried  with  them  the  evi- 
dences of  want  and  poverty.  The  judge  quietly  requested  a 
policeman  to  ascertain  who  she  was,  and  her  condition,  and 
report  to  him.  He  learned  that  she  was  a  widow  from  the 
opposite  side  of  the  river,  who  had  recently  lost  her  husband, 
and  that  she  was  endeavoring  to  sell  her  only  cow  to  provide 
winter  clothing  for  eight  children.  The  judge  immediately 
approached  her  and  asked  the  price  of  the  cow.  "  Twenty 
dollars,"  she  replied.  "Ah,  my  good  woman,"  said  he,  "your 
cow  is  not  worth  half  the  amount,  and  it  is  an  imposition 
to  charge  such  a  price."  He  abused  her  roundly  until  she 
became  greatly  frightened,  when  he  said  to  her:  "My  wife 
(he  was  never  married)  is  on  a  visit  to  Europe,  and  be- 
fore leaving  home  lost  a  favorite  cow,  which  this  greatly  re- 
sembles, and  I  want  to  buy  yours  as  a  present  for  her  on 
her  return  ;  but  she  will  not  be  back  before  spring,  and  I 
have  no  place  to  keep  her.  Now,  I  will  give  you  the  $20 
you  ask,  and  $\o  additional,  if  you  will  take  her  home  and 
keep  her  until  I  call  for  her."  The  good  woman  received 
the  $30,  and,  if  still  alive,  is  no  doubt  wondering  why  the 
judge  has  not  called  for  his  cow. 

Upon  another  occasion  lie  was  riding  in  the  lower  part  of 
the  city,  and,  in  passing  a  row  of  small  one-story  tenements 
belonging  to  him,  noticed  that  one  of  them,  which  had  been 


228  BENCH  AND  BAR   OF  MISSOURI. 

for  some  time  vacant,  was  occupied.  He  dismounted,  and 
found  in  the  premises  a  poor  woman  with  six  or  seven  small 
children,  destitute  of  all  the  necessaries  of  life,  and  with  no 
furniture  but  an  old  straw  bed  and  a  tea-pot  and  skillet. 
He  wanted  to  know  by  what  authority  she  had  taken  pos- 
session of  his  house.  She  replied  that  she  had  just  lost  her 
husband  in  Jefferson  County,  and,  as  winter  was  approaching, 
she  concluded  to  come  to  St.  Louis  in  hopes  of  getting 
something  to  do  ;  that  she  had  walked  thirty  miles,  carrying 
her  infant  in  her  arms,  and  being  without  any  means,  and 
seeing  the  house  vacant,  she  thought  there  could  be  no 
harm  in  occupying  it  for  a  few  days.  He  told  her  that  she 
had  violated  the  law,  and  was  liable  at  any  moment  to  be 
arrested  for  it.  She  begged  his  pardon  most  piteously. 
Finally  he  told  her  she  must  pay  rent.  She  replied  that  she 
was  without  a  cent.  "Well,"  said  he,  "I  will  tell  you  how 
you  can  pay  the  rent.  I  keep  a  clothing  store,  and  will  send 
you  some  coarse  sewing  to  do ;  and,  as  I  have  had  lately  to 
take  a  little  furniture  for  debt,  and  have  no  suitable  place 
to  keep  it,  I  will  send  it  here  for  you  to  take  charge  of;  but 
you  must  keep  it  in  use  to  prevent  its  injury;  and  I  will  send 
you  some  provisions,  which  you  can  also  pay  for  in  sewing." 
Thereupon  the  judge  went  to  a  tenant  who  dealt  in  ready- 
made  clothing,  and  made  an  arrangement  to  send  the  woman 
plenty  of  sewing,  with  an  understanding  that  she  was  to 
receive  double  pay  for  her  work,  one-half  to  be  charged  to 
him.  He  also  sent  her  fuel,  provisions,  two  beds  with  the 
necessary  bedding,  a  small  table  and  a  few  chairs,  and  some 
cooking  utensils.  His  object  was,  not  only  to  aid  the 
woman,  but  to  induce  her  to  think  that  she  was  earning  it  by 
her  labor. 

These  are  mentioned  to  show  his  peculiar  way  of  dispens- 
ing charity,  and  they  furnish  but  two  instances  out  of 
hundreds. 

In  1840,  while  the  author  was  living  in  the  town  of  Union, 
Judge  Mullanphy  owned  four  lots  fronting  the  public  square, 
and  while  attending  court  at  Union  learned  that  some  relig- 
ious society  contemplated  erecting  a  church  there,  but  were 


BRYAN  MULLANPHY.  229 

waiting  for  means.  As  he  was  about  to  leave  for  St.  Louis, 
he  took  us  one  side  and  remarked  that  if  they  wanted  ground 
upon  which  to  build,  he  would  give  them  the  four  lots ;  and 
wished  us  to  write  to  him  in  reference  to  it.  He  did  this  to 
avoid  any  public  declaration  of  thanks. 

It  was  in  this  quiet  and  unostentatious  manner  that  he 
dispensed  his  bounty. 

Judge  Mullanphy  had  a  good  fund  of  dry  humor,  and  rel- 
ished a  good  joke  as  well  as  any  one.  Once,  while  on  his 
way  to  Mobile,  he  fell  in  company  with  a  young  clergyman 
from  New  Orleans  who  was  seeking  an  appointment  as  pastor 
to  a  congregation  in  Mobile,  and  was  expected  to  preach 
there  the  following  Sunday.  Everything  depended  upon  the 
impression  he  might  make  ;  and,  feeling  a  want  of  confidence 
in  his  own  ability,  requested  the  judge  to  write  a  sermon  for 
him,  which  the  judge  did,  taking  for  his  text  the  words  : 
"  And  Balaam's  ass  spake."  The  discourse  so  pleased  the 
congregation  that  the  young  clergyman  was  immediately 
installed  as  pastor. 

Judge  Mullanphy  was  a  man  of  decided  will  and  courage,  as 
the  following  incident  will  show :  While  mayor  of  St.  Louis 
the  City  Council  passed  an  ordinance  to  open  Broadway 
from  Franklin  Avenue  north.  To  do  so  it  was  necessary  to 
take  down  a  few  feet  of  a  fence  upon  the  property  of  one 
Jonas  Moore,  a  large  and  stalwart  butcher.  When  the  city 
engineer  and  marshal  attempted  to  remove  the  fence,  Moore 
appeared  with  a  shot-gun  and  threatened  to  shoot  the  first 
man  who  attempted  to  remove  the  fence.  The  officers  re- 
ported the  fact  to  the  mayor,  who,  in  their  company  and  a 
carpenter  in  the  employ  of  the  city,  immediately  repaired  to 
the  place.  Moore  was  on  hand  with  his  gun,  and  again 
warned  them  against  interfering  with  his  fence.  The  mayor 
directed  the  carpenter  to  measure  off  the  number  of  feet 
necessary  to  be  moved,  and,  with  a  saw  in  his  hand,  ap- 
proached the  fence,  saying  to  the  officer :  "  Mr.  Marshal,  if 
Mr.  Moore  shoots  me,  you  know  your  duty,"  and  com- 
menced sawing  away.     Moore,  seeing  that  the   mayor  was 


230  BENCH  AND  BAR   OF  MISSOURI. 

determined  to  enforce  the  law,  became  ashamed   of  himself, 
and  immediately  retired  inside  of  his  premises. 

Judge  Mullanphy  died  in  June,  185 1,  in  St.  Louis.  The 
bar  of  St.  Louis  met  at  the  court-house,  and  by  resolution 
paid  a  handsome  tribute  to  his  memory.  A  fine  portrait 
of  him  hangs  in  the  City  Hall  of  St.  Louis, 


ROBERT   W.   CRAWFORD. 

About  the  year  1840  we  met  Mr.  Crawford  at  Waynesville, 
in  Pulaski  County,  attending  the  Circuit  Court  over  which 
Judge  Charles  H.  Allen,  better  known  as  "  Horse"  Allen, 
presided.  Mr.  Crawford  was  then  residing  at  Mt.  Vernon,  in 
Lawrence  County,  but  practiced  law  in  most  of  the  counties 
of  south-west  Missouri.  We  recollect  him  as  a  thin,  spare- 
made  man,  but  very  tall  —  at  least  six  feet  and  two  or  three 
inches.  We  found  him  a  pleasant,  companionable  man,  with 
a  good  fund  of  humor,  and  a  favorite  with  the  bar.  We  met 
him  at  several  terms  of  that  court,  and  although  we  never 
saw  him  engaged  in  any  case  calculated  to  display  his  ability 
as  a  lawyer,  yet  he  had  the  reputation  of  being  well  read 
in  his  profession,  and  we  learned  afterwards  that  he  always 
enjoyed  a  good  practice.  Phelps,  Hendricks,  Yancey,  and 
Waddle  were  his  compeers. 

Mr.  Crawford  was  born  in  Brooks  County,  Virginia,  on 
March  3,  181 2,  and  completed  his  education  in  the  college 
at  Cannonsburg,  Pennsylvania,  and  read  law  under  John 
Campbell,  Esq.,  of  Wellsburg,  Virginia. 

In  the  year  1837  he  came  West  and  settled  at  Springfield, 
Missouri,  but  in  a  short  time  removed  to  the  neighborhood 
of  Mt.  Vernon,  where  he  entered  a  tract  of  land,  which  he 
improved  and  made  his  residence  until  the  breaking  out  of 
the  war. 

He  died  suddenly  at  Neosho,  Newton  County,  October 
19,  1873,  while  in  attendance  upon  the  Circuit  Court  of  that 
county.  He  left  a  widow,  four  sons,  and  three  daughters 
to  mourn  his  loss.  At  the  time  of  his  death  his  residence 
was  in  Springfield,  but  his  remains  were  interred  on  his  old 
farm,  in  sight  of  Mt.  Vernon. 

Mr.  Crawford  was  a  kind-hearted  and  hospitable  man,  and 
always  enjoyed  the  confidence  and  good-will  of  those  who 


232  BENCH  AND  BAR   OF  MISSOURI. 

knew   him — particularly  of  his  professional   brethren,   who 
came  daily  in  contact  with  him. 

He  was  elected  to  the  Constitutional  Convention  of  1861, 
from  the  Eighteenth  Senatorial  District,  having  for  his  col- 
league A.  S.  Marbin,  of  Barry  County.  His  sympathies  were 
with  the  South,  and  he  voted  generally  with  the  secession- 
ists, but  it  does  not  appear  that  he  took  a  prominent  part  in 
the  proceedings.     He  certainly  made  no  reputation. 


Henderson  Young. 

This  learned  judge,  who  resided  in  Lexington,  Missouri, 
presided  at  one  time  over  the  Twelfth  Judicial  Circuit, 
but  at  the  time  of  his  death,  and  for  several  years  prior 
thereto,  was  judge  of  the  Sixth  Judicial  Circuit,  embracing 
the  counties  of  Lafayette,  Saline,  Pettis,  Jackson,  Cass,  and 
Johnson. 

He  was  a  native  of  Hawkins  County,  Tennessee,  and  born 
in  i8li.  His  father  was  one  of  the  earliest  settlers  in  that 
state,  and  for  twenty-two  years  represented  his  county  in 
the  State  Legislature.  Upon  his  death  in  1822  or  1823,  when 
Henderson  was  but  twelve  years  of  age,  his  estate  was  found 
greatly  embarrassed,  and  his  widow  and  the  younger  mem- 
bers of  the  family  were  left  in  very  reduced  circumstances. 
This  was  a  ,  great  disappointment  to  his  son,  who  had  ex- 
pressed a  strong  desire  to  obtain  a  liberal  education,  with  the 
view,  which  at  that  early  period  he  had  embraced,  of  making 
the  law  his  profession.  Notwithstanding  these  adverse  cir- 
cumstances, he  continued  his  studies,  and,  by  applying  him- 
self diligently  to  his  books,  was  in  time  enabled  to  open  a 
small  school,  which  gave  him  the  means  to  enter  an 
academy;  and  thus  by  teaching  one  session  and  attending 
the  academy  another,  alternating  between  the  two,  he  was 
enabled  to  obtain  a  fair  English  education.  While  attending 
the  district  school  he  walked  five  or  six  miles,  scarcely  ever 
missing  a  day.  Such  perseverance,  industry,  and  determina- 
tion could  not  otherwise  than  meet  their  reward. 

He  entered  upon  the  study  of  the  law  with  Judge  Samuel 
Powell,  wlio  was  judge  of  the  circuit  in  which  he  lived,  and 
upon  August  28,  1832,  was  admitted  to  the  bar  by  Judges 
Powell  and  Scott,  During  his  legal  studies  a  very  warm 
friendship  sprang  up  between  him  and  his  preceptor,  which 
lasted  as  long  as  both  lived.  It  was  fortunate  for  Mr.  Young 
that  he  was  privileged  to  study  under  one  who  was  so  able 


234  BENCH  AND  BAR   OF  MISSOUKT. 

to  direct  his  course  of  reading,  and  who  took  so  deep  an 
interest  in  his  success. 

In  1833  Mr.  Young  came  to  Missouri,  and  settled  in  Lex- 
ington, then,  as  now,  a  flourishing  town,  and  at  once  entered 
upon  the  practice  of  his  profession,  without  means  and  with- 
out friends  —  a  stranger  in  a  strange  land,  and  having  nothing 
to  rely  upon  but  his  own  individual  exertions.  No  one  but 
he  who  has  passed  the  ordeal  can  form  any  conception  of  the 
difficulties  and  privations  that  beset  a  young  man  thus  start- 
ing out  in  life,  particularly  in  the  profession  of  the  law.  But 
the  patient  application,  prompt  attention  to  business,  and 
pleasant  and  agreeable  address  of  Mr.  Young  brought  him,  in 
time,  many  warm  friends,  who  took  a  deep  interest  in  his 
welfare,  and  greatly  aided  and  encouraged  him  in  his  profes- 
sional efforts  ;  and  feeling  that  his  future  was  assured,  he,  on 
May  23,  1839,  united  in  marriage  with  Miss  Callaway,  a 
daughter  of  Captain  Thomas  Callaway,  a  wealthy  planter  in 
Lafayette  County. 

In  1 842  he  was  appointed  circuit  attorney  for  his  circuit.  In 
1844  he  was  appointed  by  Governor  Thomas  Reynolds  judge 
of  the  Twelfth  Judicial  Circuit,  which  necessitated  a  change 
of  residence,  and  he  immediately  removed  to  Platte  County, 
He  continued  to  discharge  the  duties  of  judge  of  that  circuit 
until  1848,  when  Governor  Austin  A.  King  appointed  him 
judge  of  the  Sixth  Circuit.  He  then  returned  to  Lexington. 
In  the  meantime  the  Legislature  had  made  the  judiciary  elect- 
ive, and  in  185  I  he  was  elected  by  the  people  to  the  same 
office  for  a  period  of  six  years,  and  before  the  expiration  of 
his  term,  to  wit,  on  July  23,  1854,  died  at  his  home  in  Lex- 
ington, aged  forty-three. 

The  memory  of  Judge  Young  is  greatly  revered  by  all 
who  knew  him  ;  for  his  amiable  and  affable  disposition,  his 
kind  and  benevolent  heart,  and  his  unswerving  integrity,  and 
his  devotion  to  public  duty  made  him  many  warm  and  at- 
tached friends.  He  was  not  long  enough  at  the  bar  to  ob- 
tain much  distinction  as  a  lawyer,  but  on  the  bench  he  gave 
evidence  of  his  thorough  knowledge  of  his  profession,  and 
became  exceedingly  popular  as  a  jurist.  He  never  mani- 
fested any  feeling  allied  to  prejudice  or  partiality,  listened 


HENDERSON   YOUNG.  235 

attentively  to  argument  of  counsel,  and  evinced  a  readiness 
at  all  times  to  correct  any  error  into  which  he  had  fallen. 
These  qualities  in  a  jurist  always  render  him  acceptable  to 
the  people  and  the  bar. 

Upon  the  announcement  of  Judge  Young's  death  the  bar 
of  Lafayette  County  assembled  at  the  court-house,  and  in 
suitable  resolutions  paid  a  fine  tribute  to  his  memory,  and 
expressed  their  sense  of  the  great  loss  sustained  in  his 
death.  Colonel  William  T.  Wood,  an  eminent  lawyer  of 
the  Lafayette  bar,  was  called  to  the  chair ;  and  we  here  give 
an  extract  from  his  remarks  made  on  the  occasion  : 

"We  have  met  to  mingle  and  express  our  grief  for  an  event  that  has  filled 
all  hearts  in  our  community  with  the  profoundest  sorrow.  The  sudden  and 
unexpected  announcement  of  the  death  of  Henderson  Young  brought  with  it 
overwhelming  grief,  pervading  the  whole  community. 

"  Henderson  Young,  a  brother  in  our  profession,  our  neighbor,  our  friend, 
and  our  judge,  after  a  residence  of  more  than  twenty  years  amongst  us,  we 
this  morning,  in  sadness  and  sorrow,  must  assist  in  consigning  to  the  mansions 
of  the  dead,  when  the  cold  sod,  covering  his  manly  form  and  beloved  counte- 
nance, will  forever  conceal  them  from  our  sight. 

"  We  have  known  Judge  Young  well  and  intimately,  at  the  bar  and  on  the 
bench.  At  the  bar  he  was  an  able  and  faithful  lawyer —  true  to  his  client,  true 
to  his  profession,  and  true  to  those  high  and  noble  principles  which  made  him 
an  ornament  to  the  profession.  On  the  bench,  possessing  an  acute  and  dis- 
criminating mind,  he  vvas  a  learned,  just,  impartial,  and  incorruptible  judge. 
Both  at  the  bar  and  on  the  bench  he  displayed  a  high  order  of  intellect,  aided 
by  habits  of  industry  and  great  legal  research.  In  his  intercourse  with  the 
members  of  the  profession  he  was  endeared  to  them  by  his  pure  and  noble  sen- 
timents, and  by  his  kind  and  sociable  qualities  of  heart.  But  we  have  known 
him  not  only  as  the  lawyer  and  as  the  judge,  and  in  professional  intercourse, 
but  in  the  social  circle,  in  the  seclusion  of  private  life,  at  the  domestic  fire- 
side, and  as  the  Christian  gentleman;  and  in  all  relations,  on  all  occasions, 
under  all  circumstances,  he  was  the  same  just,  generous,  kind-hearted,  hospi- 
table, high-minded  man.  I  have  known  him  from  the  time  of  his  arrival  in 
Missouri;  I  have  known  him  in  the  family  and  social  circles,  in  a  most  inti- 
mate personal  intercourse;  I  have  known  him  at  the  bar,  on  the  bench,  in 
another  circuit  and  here.  During  all  this  time,  in  the  true  sense  of  the  word, 
we  were  friends.  A  more  true  friend,  a  more  devoted  husband  and  father,  a 
better  citizen,  a  purer  public  officer,  a  more  generous,  noble-hearted  man, 
never  lived  or  died.     The  death  of  such  a  man  is  a  public  calamity." 

The  resolutions  of  the  bar  were  spread  upon  the  records 
of  the  several  courts  of  Lafayette  County.  The  judge  left  a 
widow  and  several  children. 


ROSWELL    M.   FIELD. 

The  state  of  Vermont  has  the  honor  of  being  the  native 
state  of  this  well-known  and  distinguished  lawyer.  He  was 
born  February  22,  1807,  in  Newfane,  the  shire-town  of  Wind- 
ham County,  a  picturesque  village  of  about  1,200  inhabitants, 
in  the  vicinity  of  the  Green  Mountains  and  the  Connecticut 
River.  His  father.  General  Martin  Field,  was  a  native  of 
Massachusetts,  of  English  descent,  and  a  graduate  of  Will- 
iams College,  and  in  1805  he  received  the  honorary  degree 
of  Master  of  Arts  from  Dartmouth  College,  having  entered 
upon  the  practice  of  the  law  in  Newfane,  in  1 800.  He  was 
a  successful  lawyer,  and  filled  many  places  of  honor  and 
trust  in  Vermont. 

R.  M.  Field's  mother  was  a  lady  of  fine  intellect,  and  a 
lineal  descendant  of  that  stern  old  Puritan,  Captain  Samuel 
Smith,  who  came  from  England  to  Boston  in  1634,  and 
shortly  afterwards  settled  on  the  banks  of  the  Connecticut 
River,  in  the  vicinity  of  Hartford.  Roswell,  the  subject  of  our 
sketch,  received  his  preliminary  education  in  a  private  school 
taught  by  Rev.  Luke  Whitcomb,  of  Townshend,  Vermont,  and 
at  the  early  age  of  eleven  years  entered  Middlebury  College, 
and  graduated  in  1822.  He  then  commenced  the  study  of 
the  law  in  the  office  of  his  kinsman,  Hon.  Daniel  Kellogg,  of 
Rockingham,  Vermont,  and  was  admitted  to  the  bar  in  Sep- 
tember, 1825,  when  but  eighteen  years  of  age.  The  fact 
that  he  commenced  the  practice  in  his  native  town  three 
years  in  advance  of  his  majority  proves  that  he  must  have  been 
a  very  precocious  youth.  He  practiced  in  Windham  County 
about  fourteen  years,  and  in  1835  and  1836  represented  the 
county  in  the  General  Assembly  of  his  state,  and  it  is  stated 
by  a  relative,  who  prepared  a  number  of  biographical  sketches 
of  the  leading  men  of  Windham,  that  while  in  the  Legislature 
he  wrote  an  able  report  in  favor  of  abrogating  the  rule  of  the 
common  law  excluding  atheists  from  testifying   in  courts  of 


ROSWELL  M.  FIELD.  237 

justice.  It  is  also  stated  upon  the  same  authority  that  the 
special  pleas  which  he  drew  and  filed  in  the  libel  suit  of 
Torrey  7'^.  Field,  reported  in  loth  Vermont  Reports,  were  de- 
clared by  Judge  Story  to  be  masterpieces  of  special  pleading. 
He  certainly  had  acquired  considerable  reputation  as  a  lawyer 
before  leaving  Vermont,  for,  at  the  centennial  celebration  of 
Nevvfane,  in  1874,  the  Hon.  H.  H.  Wheeler,  in  responding  to 
the  toast  "  The  judiciary  of  the  state,"  referred  to  many  of 
the  able  lawyers  and  judges  of  Vermont,  and  among  them 
spoke  of  R.  M.  Field  as  "  one  of  the  brightest  and  ablest  of 
the  lawyers  in  the  state  and  in  the  nation." 

He  was  appointed  postmaster  of  Newfane,  May  i,  1826, 
and  was  state's  attorney  of  his  county  from  1832  to  1835. 
Oscar  L.  Shafter,  late  associate  judge  of  the  Supreme  Court 
of  California,  and  who  died  in  1873,  studied  law  with  Mr. 
Field  in  Vermont.  His  removal  to  St.  Louis  in  1839  was  in- 
duced, no  doubt,  by  an  event  in  his  domestic  life  of  a  pecul- 
iar and  romantic  nature,  which  caused  him  for  several  years 
to  lead  a  life  of  retirement  and  seclusion.  This,  doubtless, 
was  the  reason  of  his  want  of  success  for  several  years  after 
removing  to  the  West  —  indeed,  we  have  heard  him  state  on 
several  occasions  that  during  the  first  six  years  of  his  resi- 
dence here  his  practice  did  not  yield  enough  to  pay  his  board 
bill,  and  he  was  forced  to  rely  on  remittances  from  his  father. 

Mr.  Field  was  a  ripe  scholar,  and  could  read  the  Latin, 
Greek,  Spanish,  French,  and  German  languages  with  much 
ease,  and  spoke  the  latter  with  some  fluency,  having  acquired 
its  knowledge  by  boarding  in  a  German  family  at  St.  Louis. 
In  addition  to  being  a  good  linguist,  he  was  well  versed  in 
English  literature,  and  had  a  fair  knowledge  of  many  of  the 
sciences.  These  advantages,  coupled  with  a  good  legal 
mind,  could  not  otherwise  than  fit  him  for  success  in  his  pro- 
fession. 

The  most  important  event  in  the  life  of  Mr.  Field  oc- 
curred just  prior  to  his  coming  West,  and  has  reference  to 
his  marriage  with  Miss  Mary  Ann  Phelps,  of  Windsor,  Ver- 
mont. The  circumstances  attending  the  marriage  were  about 
these  :     She,  when    eighteen  years  of  age,  became  engaged 


238  BENCH  AND  BAR   OF  MISSOURI. 

to  one  Jeremiah  Clark.  In  August,  1832,  she  made  a  visit 
to  a  Mrs.  Bradley,  at  Brattleboro',  Vermont,  and  during 
her  visit  became  acquainted  with  Mr.  Field,  who  knew  of  her 
engagement  to  Clark.  She  became  highly  pleased  with  Mr. 
Field,  which  necessarily  weakened  her  affection  for  Clark, 
notwithstanding  which  she  continued  to  write  affectionate 
letters  to  him.  Her  mother  had  some  intimation  of  what 
was  going  on  at  Brattleboro',  and  wrote  to  her  daughter  to 
return  to  Windsor.  On  October  14th,  the  night  previous  to 
her  return,  she  had  an  interview  with  Mr.  Field  at  the  house 
of  Mrs.  Bradley,  and  they  came  to  the  conclusion  to  get  mar- 
ried. The  next  day  she  started  for  home,  Mr.  Bradley  and 
Mr.  Field  accompanying  her,  and  when  they  reached  the  town 
of  Putney  the  ceremony  was  performed.  It  seems  that  there 
was  an  understanding  between  them  that  she  should  con- 
tinue on  her  journey  home,  and  if,  on  reflection,  she  did  not 
want  to  consummate  the  marriage,  it  should  be  considered 
null  and  void.  On  arriving  home  she  failed  to  communicate 
to  her  family  what  had  transpired,  but  on  October  29th 
addressed  a  letter  to  Clark,  who  resided  in  Boston,  to  come 
immediately  to  Windsor,  and  on  his  arrival  there  she  dis- 
closed to  him  and  her  mother,  brothers,  and  sisters  her  mar- 
riage with  Field,  and  on  the  same  day  wrote  to  Mr.  Field  as 
follows  : 

' '  To  Mr.  Roswell  F.  : 

"Sir:  Moments  of  consideration  and  much  reflection  have  at  length  caused 
me  to  see  in  its  proper  light  the  whole  of  my  late  visit  to  Brattleboro'.  That  I 
have  been  led  by  you  and  others  to  a  course  of  conduct  which  my  own  reason, 
sense,  and  feelings  entirely  disapprove  is  now  very  clear  to  me.  I  therefore 
write  this  to  say  to  you  that  I  am  not  willing,  on  any  account,  to  see  you  again ; 
neither  will  I,  by  any  course  you  can  adopt,  be  prevailed  upon  to  view  the 
matter  in  a  different  light  from  wliat  I  now  do.  I  leave  you  to  the  alternative  of 
forever  preventing  the  public  avowal  of  a  disgraceful  transaction,  of  which 
you  yourself  said  you  were  ashamed. 

"  Mary  A.  P." 

On  November  6th  she  addressed  another  letter  to  him, 
assuring  him  that  her  first  letter  contained  her  real  senti- 
ments, and  on  the  27th  of  the  same  month  she  married  Mr. 
Clark. 


R OS  WELL  M.  FIELD.  239 

A  bill  was  then  filed  in  the  Chancery  Court  by  Clark  and 
his  wife  to  declare  the  marriage  with  Field  null  and  void, 
upon  the  ground  that  the  contract  was  conditional,  and  not 
to  be  valid  unless  ratified  by  her,  and  that  she  had  never  rati- 
fied the  same.  Other  reasons  were  assigned,  but  the  case 
turned  upon  this  point.  It  was  contended  on  the  part  of 
Mr.  Field  that  there  could  be  no  condition  annexed  to  a  cere- 
mony of  marriage.  That  it  was  a  union  of  the  parties,  or 
nothing.  The  court  held  that  the  ceremony  was  not 
intended  as  a  marriage  /'//  pnesenti,  to  be  followed  by  con- 
summation and  cohabitation  thereafter  without  some  future 
act  or  ceremony  of  marriage.  This  decision  of  the  chan- 
cellor, upon  an  appeal  to  the  Supreme  Court,  was  affirmed. 

This  doctrine,  that  parties  capable  in  law  of  contracting 
marriage  can  enter  into  a  conditional  contract,  is  so  subver- 
sive of  every  principle  of  marital  law  that  we  are  constrained 
to  believe  that  the  Supreme  Court  of  Vermont  was  actuated 
more  by  a  desire  to  save  Mrs.  Clark  from  the  charge  of 
being  an  adulteress  than  a  wish  to  enforce  the  law  upon  that 
subject. 

This  incident  in  the  life  of  Mr.  Field  had  a  marked  effect 
upon  his  character,  and  almost  made  him  a  cynic.  For 
years  he  withdrew  from  society,  and  scarcely  ever  mingled 
with  the  people.  He  ultimately  married  a  Miss  Frances 
Reed,  of  St.  Louis,  and  after  her  death  Mrs.  Clark,  whose 
husband  had  also  died,  visited  St.  Louis  with  the  intention 
and  desire  of  bringing  about  a  reconciliation  between  her- 
self and  Mr.  Field  ;  but  he  declined  an  interview,  and  she 
returned  to  Vermont. 

The  reader  will  find  a  partial  history  of  this  case  in  the 
13th  Vermont  Reports,  page  460  and  following. 

In  the  view  we  take  of  this  event  in  the  life  of  Mr.  Field, 
which  is  doubtless  the  true  version  of  it,  there  is  no  ground 
upon  which  to  censure  him,  notwithstanding  he  was  advised 
of  her  engagement  to  Clark.  Mr.  Clark  was  a  man  of 
wealth,  and  Miss  Phelps'  family  thought  her  marriage  with 
him  was  most  desirable,  while  her  heart  had  been  given  to 
Mr.  Field,  who  unquestionably  loved  her.     If  she  returned  to 


240  BENCH  AND  BAR   OF  MISSOURI. 

Windsor  without  consummating  her  engagement  with  Field, 
the  influence  of  her  family  would  undoubtedly  have  induced 
her  to  marry  Clark,  and  it  w(nild  have  been  a  marriage  of 
interest  and  convenience,  instead  of  affection.  This  theory 
of  the  case  is  supported  by  subsequent  events,  for  otherwise 
she  would  not  have  visited  St.  Louis  after  the  death  of  her 
husband  and  Mrs.  Field,  for  the  purpose  of  renewing  her 
early  pledge. 

It  may  be  said  that  this  theory  does  not  comport  w  ith  the 
terms  and  character  of  her  letter  to  Mr.  Field,  written  after 
returning  to  Windsor;  but  we  must  bear  in  mind  that  she 
was  a  young  and  inexperienced  girl,  readily  influenced  by 
her  family,  and  the  letter  itself  bears  the  ear-marks  of  one 
far  more  skilled  in  matrimonial  diplomacy  than  herself. 

The  fact  that  the  parties  were  allied  to  many  of  the  oldest 
and  most  influential  families  of  Vermont  and  Massachusetts 
gave  the  case  an  unusual  interest,  and  the  press  abounded  in 
many  criticisms  upon  the  ruling  of  the  Supreme  Court. 
Many  of  the  Field  family  belonged  to  the  legal  profession, 
and  among  them  was  an  elder  brother  of  R.  M.  Field,  by  the 
name  of  Charles  K.  Field,  who  was  not  only  a  fine  lawyer, 
but  a  vigorous  writer.  We  are  unable  to  state  whether  he  is 
still  living. 

The  subject  of  our  sketch  was  of  tall,  commanding  figure, 
and  dignified  deportment.  Among  his  personal  friends  he 
was  very  social  and  entertaining.  His  fondness  for  children 
was  notable.  He  would  often  stop  on  the  street  to  see  the 
boys  playing  ball  or  marbles.  He  played  on  the  violin  and 
flute,  and  would  often  sit  on  the  steps  of  his  house,  in  the 
evening,  and  play  on  the  violin  to  collect  a  lot  of  boys 
around  him.  The  children  in  his  neighborhood  knew  him 
well,  and  he  would  let  them  approach  him  on  terms  of  the 
utmost  familiarity.  He  was  regarded  generally  as  a  very  in- 
dolent man,  but  he  indulged  in  as  much  physical  exercise  as 
most  men.  He  was  exceedingly  fond  of  walking,  and  his 
long  legs  enabled  him  to  get  over  a  large  space  of  ground  in 
a  short  time.  He  visited  the  Law  Library  daily,  and  would 
walk  up  and  down  the  room  for  hours,  with  his  hands  behind 


ROSWELL  M.  FIELD.  24 1 

him,  and  in  each  step  would  take  in  about  four  feet.  When 
in  his  office  or  at  his  residence  he  spent  three-fourths  of  his 
time  in  walking,  and  he  could  be  recognized  at  the  distance 
of  several  squares  by  his  peculiar  long  stride. 

As  a  real-estate  lawyer  Mr.  Field  had  no  superior  at  the 
St.  Louis  bar,  and  was  generally  retained  in  most  of  the 
important  cases  involving  titles  under  Spanish  grants.  He 
brought  the  famous  Dred  Scott  suit  in  the  Circuit  Court  of 
the  United  States  for  the  Eastern  District  of  Missouri,  which 
involved  the  question  as  to  whether  slaves  were  embraced 
under  the  word  "  citizens,"  in  the  Federal  Constitution,  and 
could  claim  the  rights  and  privileges  which  that  instrument 
provides  for  and  secures  to  citizens  of  the  United  States. 
Mr.  Field  did  not  follow  the  case  to  Washington,  but  the  ar- 
gument made  on  the  part  of  Dred  Scott  was  no  doubt  pre- 
pared to  some  extent  by  him.  Many  of  Mr.  Field's  briefs 
in  important  cases  will  be  found  in  the  Reports  of  the  Su- 
preme Court  of  Missouri.  As  a  close,  logical  reasoner  he  was 
not  excelled.  He  was  not  an  orator,  and  made  no  effort  at 
display  in  that  field.  His  style  was  purely  conversational. 
He  seldom  addressed  a  jury,  and  we  are  not  aware  that  he  ever 
delivered  a  public  address ;  hence  he  has  not  left  behind  him 
any  contemporaneous  record  of  his  speeches,  and  all  we 
know  of  his  legal  arguments  is  what  is  contained  in  some  of 
his  printed  briefs.  Our  acquaintance  with  him  commenced 
in  1852,  and  we  knew  him  well  from  that  time  till  his  death, 
which  occurred  in  St.  Louis  about  six  or  seven  years  ago. 
It  was  produced  by  a  cancer  in  the  stomach.  He  left  two 
sons,  now  residing  in  St.  Louis,  one  of  whom  is  connected 
with  one  of  our  daily  journals. 
16 


Benjamin  M.  Lisle. 

Our  acquaintance  with  the  Jefferson  City  bar  commenced 
in  the  winter  of  1836-7,  and  among  its  members  was  Mr. 
Lisle,  who  was  born  in  Green  County,  Kentucky,  January 
29,  1808.  His  educational  advantages  were  not  great,  but 
he  improved  his  mind  by  study  and  constant  reading.  He 
studied  law  in  Kentucky,  and  obtained,  in  1831,  a  license  to 
practice  there ;  but  in  the  same  year  came  to  Missouri  and 
engaged  in  mercantile  pursuits,  which,  proving  distasteful  to 
him,  he  abandoned  ;  then  renewed  his  law  studies,  and  com- 
menced the  practice  in  Jefferson  City  in  1833,  where  he 
remained  till  his  death,  which  occurred  February  18,  1845, 
near  his  thirty-seventh  year. 

On  October  17,  1837,  he  was  united  in  marriage  to  Miss 
Margaretta  Jacoby,  a  lady  of  beauty  and  intelligence.  To 
give  the  occasion  as  much  dignity  and  solemnity  as  possible, 
the  Hon.  George  Tompkins,  judge  of  the  Supreme  Court, 
solemnized  the  rights,  and  the  Hon.  William  B.  Napton, 
present  judge  of  the  same  court,  acted  as  groomsman. 

Mr.  Lisle's  life  was  too  short  to  enable  him  to  obtain  dis- 
tinction in  his  profession,  but  he  ranked  well  at  the  bar,  and 
his  cheerful,  happy  disposition  made  him  friends  wherever 
he  went,  and  secured  him  a  good  share  of  the  practice.  He 
was  a  fluent,  persuasive  speaker,  and  before  a  jury,  quite 
effective. 

We  met  him  several  times  at  Waynesville,  attending  the 
Pulaski  court.  Upon  one  of  these  occasions  a  large  ball  was 
had,  attended  by  ladies  from  a  half-dozen  counties.  A  piece 
of  ground  was  selected  under  the  hill,  and  upon  what  is 
known  as  Roubodeaux  Creek;  the  undergrowth  was  removed, 
and  the  ground  made  smooth  by  a  heavy  roller,  and  over  it 
an  arbor  erected.  It  was  understood  that  the  entertainment 
would  last  several  days,  and  on  the  day  it  opened,  girls  could 


BENJAMIN  M.  LISLE.  243 

be  seen  coming  in  on  every  road,  some  barefooted,  carrying 
their  shoes  in  their  hands.  It  was  a  gala  day,  and  the 
"  Ozark  Range  "  sent  forth  its  beauty  to  grace  the  occasion. 
No  one  enjoyed  it  more,  or  contributed  more  to  the  enter- 
tainment of  others,  than  the  subject  of  this  sketch.  He  was 
the  first  on  the  ground,  and  the  last  to  leave  it.  Among 
those  who  tripped  it  on  the  light  fantastic  toe,  and  led  the 
fair  ones  through  the  mazes  of  the  dance,  were  Governor 
John  S.  Phelps,  Judge  George  W.  Miller,  Benjamin  M.  Lisle, 
Littleberry  Hendricks,  John  S.  Waddell,  E.  C.  Horrill,  Gen- 
eral Livingston,  L.  Edwards,  Peter  Minor,  and  the  author  — 
to  say  nothing  of  "Old  Horse  "  Allen,  who  sat  near  by  on  an 
old  log,  puffing  away  at  an  old  cob-pipe,  which  sent  up  a 
column  of  smoke  that  would  have  done  no  discredit  to  a 
second-class  pig-iron  furnace.  Who  does  not  recollect  the 
"  Old  Horse,"  the  Ozark  jurist  who  boasted  that  he  could 
whip  Governor  Boggs  and  the  Legislature  thrown  in,  if  they 
would  give  him  a  fair  stand-up  fight? 

But  this  is  no  place  to  speak  of  the  "Old   Horse" — he 
deserves  a  chapter  by  himself,  and  he  shall  have  it. 


ROBERT  Wash. 

This  gentleman,  who  became  a  judge  of  the  Supreme 
Court  of  Missouri  shortly  after  the  organization  of  the  state 
government,  was  a  native  of  Virginia,  and  born  in  Louisa 
County,  November  29,  1790.  His  parents  were  enabled  to 
give  him  a  better  education  than  most  young  men  of  that 
day  enjoyed,  and  sent  him,  when  quite  young,  to  William  and 
Mary  College,  where  he  graduated  in  1808,  when  only  eight- 
een years  of  age.  After  pursuing  a  regular  course  of  legal 
studies  he  was  admitted  to  the  bar,  and  at  the  close  of  the 
War  of  1812  emigrated  to  the  West,  and  opened  a  law-office 
in  St.  Louis. 

During  President  Monroe's  administration  he  served  as 
United  States  district  attorney  for  the  district  of  St.  Louis, 
and  in  that  office  acquired  considerable  reputation  as  a 
lawyer.  He  had  some  military  experience  before  coming 
West,  for  during  the  War  of  18 12  he  held  the  position  of 
major  on  General  Howard's  staff,  and  was  regarded  and  es- 
teemed as  a  good  officer. 

After  St.  Louis  became  incorporated,  Mr.  Wash  was 
elected  a  member  of  the  City  Council,  and  took  an  active 
part  in  inaugurating  a  system  of  improvements,  having  par- 
ticular reference  to  the  establishment  of  grades  for  the 
streets,  and  the  laying  down  of  suitable  pavements  and  side- 
walks. He  also  directed  his  attention  to  the  improvement 
of  the  harbor  and  levee.  He  predicted,  what  afterwards 
came  to  pass,  that,  unless  proper  dikes  were  established,  the 
channel  of  the  river  on  the  west  side  would  become  greatly 
obstructed  by  the  formation  of  sand-bars.  Other  matters 
connected  with  the  prosperity  of  the  city  received  due  con- 
sideration at  his  hands.  Mr.  Wash  had  an  exalted  opinion 
of  the   future   of  St.   Louis,  and   invested  his   means  in  real 


ROBERT  WASH.  245 

estate,  which  laid  the  foundation  for  an  ample  fortune,  which 
he  enjoyed  through  life. 

He  married  twice,  his  first  wife  being  a  daughter  of  Major 
Christy,  and  the  widow  of  Taylor  Berry.  By  this  wife  he 
had  one  daughter,  Frances,  who  became  the  wife  of  George 
W.  Goode,  Esq.,  then  a  member  of  the  St.  Louis  bar.  His 
second  wife  was  Miss  Eliza  L.  Taylor,  daughter  of  Colonel 
N.  P.  Taylor,  by  whom  he  had  several  daughters  and  four 
sons.  One  of  the  daughters,  Elizabeth  C,  married  John  Y. 
Page,  Esq.,  and  another,  Mary  Wynn,  C.  P.  Ellerbe,  Esq., 
both  members  of  the  St.  Louis  bar.  His  son  Pendleton  was 
killed  in  Virginia  during  the  late  war. 

Judge  Wash  was  not  at  the  bar  long  enough  to  obtain 
much  fame  as  a  lawyer.  We  must,  therefore,  deal  with  him 
as  a  judge.  His  opinions,  which  will  be  found  in  volumes  i 
to  5,  inclusive,  of  the  State  Reports,  show  that  his  mind  was 
regularly  trained  to  the  law.  They  abound  in  much  good 
sense,  and  more  or  less  legal  research.  Notwithstanding  his 
classical  education,  they  are  entirely  free  from  any  attempt 
to  display  his  learning.  They  are  such  as  might  be  expected 
in  a  judge  who  was  seeking  to  lay  down  the  law  of  the  case, 
instead  of  directing  attention  to  polished  diction.  That  he 
made  an  acceptable  judge  is  generally  admitted. 

Judge  Wash  was,  like  most  Virginians,  exceedingly  fond  of 
the  chase,  and  always  kept  a  pack  of  hounds.  The  prairie 
adjoining  St.  Louis  was  at  that  day  greatly  infested  with 
foxes.  It  is  said  that  upon  one  occasion  while  he  was  on  the 
bench,  an  attorney  who  understood  the  judge's  proclivity  for 
sports  of  the  field  whispered  to  him  that  they  had  started 
three  at  one  time  in  the  neighborhood  of  the  judge's  resi- 
dence. He  was  immediately  taken  with  severe  cramps  in 
the  stomach,  which  rendered  an  adjournment  of  the  court 
necessary.  Within  an  hour  he  was  in  his  saddle,  following 
closely  upon  the  heels  of  the  hounds.  These  sudden  at- 
tacks were  of  frequent  occurrence,  but  the  sound  of  the 
hounds  ringing  through  the  woods  proved  a  most  efficacious 
remedy.     This  love  of  the  chase  is   peculiar  to  Virginians, 


246  BENCH  AND  BAR   OF  MISSOURI. 

and  they  no  doubt  inherited  it  from  their  EngHsh  ancestry, 
for  as  far  back  as  history  takes  us  the  EngHsh  people  de- 
Hghted  in  the  sound  of  the  horn  and  the  music  of  the  hounds. 
Sidney,  an  EngHsh  writer  of  the  sixteenth  century,  thus 
describes  a  stag  hunt  in  his  day : 

"They  came  to  the  side  of  the  wood,  where  the  hounds  were  in  couples, 
staying  their  coming,  but  with  a  whining  accent  craving  liberty;  many  of  them 
in  colour  and  marks  so  resembling,  that  it  shewed  they  were  of  one  kind. 

"  The  huntsmen  handsomely  attired  in  their  green  liveries,  as  though  they  were 
children  of  summer,  with  staves  in  their  hands  to  Ijeat  the  guiltless  earth,  when 
the  hounds  were  at  a  fault ;  and  with  horns  al)Out  their  necks,  to  sound  an  alarm 
upon  a  silly  fugative.  The  hounds  were  straight  uncoupled,  and  ere  long  the 
stag  thought  it  better  to  trust  to  the  nimbleness  of  his  feet  than  to  the  slender 
fortification  of  his  lodging  ;  but  even  his  feet  betrayed  him  ;  for,  howsoever  they 
went,  they  themselves  uttered  themselves  to  the  scent  of  their  enemies,  who, 
one  taking  it  of  another,  and  sometimes  believing  the  wind's  advertisements, 
sometimes  the  view  of — their  faithful  counsellors  —  the  huntsmen,  with  open 
mouths,  then  denounced  war,  when  the  war  was  already  begun.  Their  cry 
being  composed  of  so  well-sorted  mouths  that  any  man  would  perceive  tlierein 
some  kind  of  proportion,  but  the  skilful  woodmen  did  find  a  music.  Their  de- 
light and  variety  of  opinion  drew  the  horsemen  sundry  ways,  yet  cheering  their 
hounds  with  voice  and  horn,  kept  still  as  it  were  together.  The  Wood  seemed 
to  conspire  with  them  against  his  own  citizens,  dispersing  their  noise  through 
all  his  quarters,  and  even  the  nympth  Echo  left  to  bewail  the  loss  of  Narcissus, 
and  became  a  hunter.  But  the  stag  was  in  the  end  so  hotly  persued,  that, 
leaving  his  flight,  he  was  driven  to  make  courage  of  despair ;  and  so  turning  his 
head,  made  the  hounds,  with  change  of  speech,  to  testify  that  he  was  at  a  bay  : 
as  if  from  hot  persuit  of  their  enemy,  they  were  suddenly  come  to  a  parley." 

Judge  Wash  died  in  November,  1856,  having  just  com- 
pleted his  sixty-sixth  year.  He  resigned  the  office  of  judge 
of  the  Supreme  Court  in  May,  1837.  He  was  a  good- 
hearted  man,  fond  of  society,  and  dispensed  hospitality  with 
a  liberal  hand. 

In  early  life  Judge  Wash  was  a  warm  personal  friend  of 
Colonel  Benton,  and  they  corresponded  for  many  years. 
Among  the  papers  of  the  judge  now  in  the  possession  of 
his  widow  is  a  letter  from  Colonel  Benton,  March  14,  1821, 
nearly  sixty  years  ago,  in  which  he  announced  his  intended 
marriage.  As  everything  coming  from  the  distinguished 
Missourian  has  a  public  interest,  we  append  the  letter: 


ROBERT  WASH.  247 

"  Lexington  Vir. 

'■'■March  14th,  1821. 
"My  Dear  Sir, 

"  I  owe  it  to  the  interest  you  have  taken  in  a  great  affair  of  mine  to  let  you 
know  the  progress  of  it.  I  do  this  with  pleasure  and  pride  because  what  I  have 
to  say  will  be  both  agreeable  for  me  to  tell  and  for  my  friends  to  hear.  It  is 
no  less  than  that,  long  before  the  drowsy  and  heedless  postboy  shall  transport 
you  thrs  scrawl  —  that  is  to  say,  in  six  days  from  this  14th  day  of  March,  which 
will  be  Tuesday  the  20th  day  of  this  same  March  (if  there  is  any  truth  in  the 
almanacs  of  the  Ancient  Dominion,)  your  friend  Benedict  will  cease  to  belong 
to  the  order  of  bachelors !  Time,  which  Time  puts  an  end  to  everything,  has 
even  put  an  end  to  my  endless  courtship,  and  in  the  month  of  May  I  shall  hope 
for  the  happiness  of  imparting  a  part  of  my  happiness  to  all  my  friends  in  St. 
Louis,  both  male  and  female,  by  presenting  to  them  one  who  is  everything  to 
me,  and  I  hope  will  be  something  to  them. 

"  In  the  meanwhile  I  make,  constitute  and  appoint  you,  in  conjunction  with 

my   well  tried,    much  beloved  and  trusty    friend,    Jeremiah   Cowan,    Esq.,    to 

spread  this  joyful  intelligence  when  and  where  it  shall  behove  me  to  make  it 

known. 

«'  Thine, 

"  Thomas  H.  Benton." 

The  letter  bears  the  following  superscription  : 

*'  Lexington  Va.  14th,  March.  Free.      Thomas  H.  Benton. 


"  Robert  Wash,  Esq., 
And  has  this  indorsement 

"  Rec'd  April  the  20th." 


"  St.  Lotiis, 

''Missouri:' 


John  Bent. 

This  gentleman  was  a  son  of  Judge  Silas  Bent,  former 
judge  of  the  United  States  District  Court  at  St.  Louis. 
John  Bent  was  born  in  Virginia,  May  31,  i<So3,  and  received 
his  education  at  Cannonsburg  College,  Washington  County, 
Pennsylvania.  After  being  admitted  to  the  bar  in  Missouri, 
about  1824  or  1825,  Judge  Carr  appointed  him  clerk  of  the 
Circuit  Court  of  Jefferson  County,  which  made  it  necessary 
for  him  to  reside  in  Herculaneum,  then  the  county-seat  of 
that  county.  Under  the  law  as  it  then  existed  he  became, 
also,  ex  officio,  recorder  of  the  county.  After  holding  this 
office  about  a  year  he  resigned  and  returned  to  St.  Louis, 
when  he  received  the  appointment  of  justice  of  the  peace,  at 
that  time  an  office  of  no  little  honor. 

In  1828  he  was  elected  by  the  people  a  representative  in 
the  State  Legislature,  and  by  his  urbane  manner  and  fine 
powers  of  declamation  soon  acquired  influence  as  a  repre- 
sentative. On  his  return  from  the  Legislature  he  was  ap- 
pointed circuit  attorney  for  the  St.  Louis  Circuit,  the  duties  of 
which  office  he  discharged  faithfully  and  ably  from  six  to 
eight  years. 

Mr.  Bent  married  Miss  Olivia  McClelland,  of  Boone 
County,  Missouri,  by  whom  he  had  two  daughters  and  a  son, 
the  latter  now  a  Baptist  minister  stationed  in  some  part  of 
Kentucky. 

Mr.  Bent  died  in  Callaway  County,  Missouri,  May  18,  1845, 
at  the  age  of  forty-two  years.  His  death  was  occasioned  by 
an  injury  received  from  the  overturning  of  a  coach  in  which 
he  was  traveling. 

While  engaged  in  the  practice  of  his  profession  in  St. 
Louis  he  was  regarded  as  one  of  the  most  promising  young 
lawyers  in  the  state,  and  his  friends  anticipated  for  him  a 
bright  future.     He  had  many  elements  of  a  successful  law- 


JOHN  BENT.  249 

yer,  but  his  genial  and  social  habits  interfered  greatly  with 
his  studies,  and  he  made  but  little  improvement  after  passing 
his  thirtieth  year. 

With  the  people  of  St.  Louis  and  the  adjacent  counties  he 
was  very  popular,  and  they  never  denied  him  any  office  he 
asked  for.  To  this  day  he  is  often  referred  to  as  a  whole- 
souled,  generous  gentleman,  and  a  kind  and  obliging  friend. 

Mr.  Rent  was  at  times  very  happy  at  a  retort.  He  was 
once  summoned  as  a  witness  in  the  Jefferson  Circuit  Court, 
to  testify  as  to  an  affray  which  he  accidentally  witnessed. 
On  the  day  he  was  examined  he  had  dined  out  with  a  few 
friends,  and  had  partaken  quite  freely  of  the  liquids  provided 
for  the  occasion.  When  called  upon  to  testify,  he  felt  very 
drowsy,  and  a  young  attorney  who  undertook  the  cross-ex- 
amination, without  knowing  Mr.  Bent,  interrogated  him  as 
follows  : 

"  What  is  your  name,  witness?" 

"  My  name  is  Bent." 

"Your  first  name,  if  you  please?" 

"John  Bent" 

"  You  are  drunk,  are  you  not?" 

"A  little  under  the  influence  of  wine.  I  will  soon  get 
over  it,  however;  but  you  will  never  get  over  being  a  d — d 
fool." 

The  judge  fined  Mr.  Bent  ^5  for  using  profane  language  in 
court;  but  the  young  attorney  paid  more  dearly  for  his  im- 
pertinence, for  he  never  got  over  the  name  of  "  Bent's  d — d 
fool."     It  stuck  to  him  through  life. 

It  is  said  that  wine  sharpens  the  wit  of  most  men.  It  is 
certainly  true  that  no  subject  affords  so  great  a  field  for  genu- 
ine wit  as  that  of  temperance.  A  few  years  ago  an  old 
lady,  impelled  by  curiosity,  visited  the  penitentiary  at  Jeffer- 
son City,  and  in  going  the  rounds,  attended  by  one  of  the 
guards,  noticed  each  convict ;  but  one,  a  fine-looking  young 
man,  attracted  her  particular  attention.  After  eying  him 
very  closely  through  her  glasses,  she  remarked  to  the  guard, 
in  the  hearing  of  the  convict,  "I  think  ardent  spirits  must 
have   had  something  to  do   with  bringing   this  young  man 


250  BENCH  AND  BAR   OF  MISSOURI. 

here."     "You   are   riglit,  my  good   lady,"  said   the   convict, 
"  for  the  judge  and  jury  who  tried  me  were  all  drunk." 

Edwards  alludes  to  a  reply  made  by  General  Erastus 
Roote,  who  was  lieutenant-governor  of  New  York  under 
Governor  Yeates.  On  New  Year's  day  he  called  (as  was 
the  universal  custom  at  that  time)  upon  the  governor  to  pay 
his  respects,  and  partook  quite  freely  of  some  good  old 
brandy  which  the  governor  had  placed  on  the  sideboard. 
The  governor  exclaimed,  "Ah,  General,  that  is  your  worst 
enemy."  "  Yes,  Governor,"  replied  the  general,  "  but  you 
know  we  are  commanded  to  love  our  enemies." 

Edwards  gives  us  another  upon  Chancellor  Kent.  The 
chancellor  was  a  very  temperate  man,  and  when  a  candidate 
for  lieutenant-governor  of  New  York  some  temperance  peo- 
ple wrote  to  him  for  a  declaration  of  his  views  on  the  use  of 
ardent  spirits.  He  wrote  in  reply,  praising  temperance, 
giving  his  own  example  in  illustration  of  his  estimate  of  its 
value,  saying  he  had  drank  only  one  glass  in  five  years,  etc., 
but  ended  by  saying  that  he  must  in  truth  declare  that  the 
principal  reason  why  he  had  not  drank  another  glass  was 
that  the  one  glass  gave  him  the  gout  for  a  fortnight,  and  he 
intended  not  to  deprive  himself  of  the  right  of  having  the 
gout,  or  getting  drunk,  as  often  as  he  pleased. 


RICHARD    S.  THOMAS. 

Of  the  early  life  of  this  gentleman  there  is  nothing  known. 
He  came  to  Upper  Louisiana  as  early  as  1815,  and  settled  in 
the  practice  of  the  law  in  Cape  Girardeau  County.  In  1817 
or  1818  he  was  appointed  circuit  or  district  judge,  and  re- 
mained on  the  bench  until  1824,  when  he  was  impeached 
and  removed  by  the  Legislature. 

He  was  a  large,  portly  man,  with  pompous  and  disagree- 
able manners,  which  made  him  exceedingly  unpopular  with 
the  bar  and  the  people ;  and  in  addition  to  this  he  was  over- 
bearing and  tyrannical,  and  seemed  to  take  particular  pains 
to  make  himself  obnoxious  to  suitors,  witnesses,  and  all 
others  who  attended  his  court.  It  is  said,  however,  that 
when  in  the  company  of  those  whom  he  fancied,  he  could 
make  himself  pleasant  and  affable.  His  unfortunate  dispo- 
sition was  attributed  by  some  to  domestic  difficulties,  which 
to  some  extent  was  no  doubt  true. 

After  his  removal  from  office  he  returned  to  the  bar,  but 
did  not  succeed  in  his  practice,  and  soon  became  very 
intemperate. 

On  his  way  to  one  of  the  courts  in  his  circuit  he  was 
thrown  from  his  horse  and  killed. 


L.    HENDRICKS    AND    C.   S.  YANCEY. 

It  will  be  obvious  to  the  reader  why  we  make  these  gen- 
tlemen the  subjects  of  a  single  sketch. 

In  1833  two  young  men  crossed  the  Missouri  River  at 
Boonville,  and  wended  their  way  on  foot  to  the  extreme 
south-western  part  of  the  state.  As  they  entered  the  village 
of  Springfield,  in  Greene  County,  each  with  a  small  bundle 
of  clothes  suspended  at  the  end  of  a  stick  which  they  carried 
over  the  shoulder,  they  presented  a  most  forlorn  appearance. 
Upon  inquiring  of  the  village  landlord  if  there  was  an  attor- 
ney in  the  place,  they  were  informed  that  "  no  such  animal  had 
yet  made  its  appearance  in  those  diggins,  and  that  the  people 
had  no  use  for  laws  or  lawyers."  This  was  very  encouraging 
to  Littleberry  Hendricks  and  Charles  S.  Yancey,  who  were  in 
search  of  a  location  to  practice.  They  were  strangers  in  a 
strange  and  benighted  land,  without  means  enough  to  buy  a 
good  dinner  at  a  fashionable  restaurant.  Hendricks  was  very 
diminutive  in  stature,  and  in  appearance  exceedingly  unpre- 
possessing. Yancey  was  large,  fine  looking,  with  an  open 
and  pleasant  countenance.  Both  had  read  Blackstone  and 
Kent.  Both  had  some  knowledge  of  the  statutes,  and  were 
as  familiar  with  justices'-court  practice  as  they  were  with 
the  holes  in  their  socks,  or  the  patches  on  their  butternut- 
colored  breeches.  It  was  very  rare  that  a  circuit  court  was 
held  in  that  region,  for  all  matters  of  difference  were  set- 
tled in  justices'  courts  or  by  wager  of  battle.  The  domain 
belonged  to  Uncle  Sam,  and  those  who  had  squatted  on  his 
lands  were  "  tenants  by  sufferance."  The  inhabitants  had 
but  little  property,  and  if  they  could  raise  enough  corn  to 
make  their  bread  and  feed  their  cattle,  and  kill  enough  game 
to  supply  them  with  meat,  they  were  content.  The  justice 
of  the  peace  was  not  only  a  dispenser  of  the  law,  but  a 
maker  of  the  law;  for  by  common  consent  he  took  jurisdic- 


Z.  HENDRICKS  AND   C.  S.  YANCEY.  253 

tion  in  all  matters  either  in  law  or  equity,  and  woe  be  to  the 
man  who  had  the  audacity  to  question  his  authority.  A  plea 
to  his  jurisdiction  subjected  the  bold  attorney  to  fine  and 
imprisonment  for  contempt. 

Sure!}-  this  did  not  offer  much  of  a  prospect  to  these 
young  disciples  of  Blackstone,  but  nevertheless  they  deter- 
mined to  pitch  their  tent  in  the  city  of  the  Ozark  Range. 
The  only  books  to  which  they  had  access  were  the  statutes 
and  a  dilapidated  copy  of  Blackstone. 

In  1840  we  traveled  over  a  large  part  of  Missouri  on  horse- 
back, and  spent  one  or  two  days  in  Springfield,  and  there 
made  the  acquaintance  of  both  of  them,  who  were  then  en- 
joying a  fair  practice,  and  were  rising  rapidly  in  the  profes- 
sion. The  Springfield  Circuit  took  in  at  least  one-third  of  all 
the  country  south  of  the  Missouri  River,  and  Mr.  Yancey 
was  appointed  its  judge,  and  Mr.  Hendricks  prosecuting  at- 
torney. Mr.  Yancey  held  the  office  till  his  death,  but  at 
what  time  he  died  we  are  not  advised  ;  but  he  had  not  reached 
the  meridian  of  life.  He  made  a  very  excellent  and  popular 
judge,  was  fair  and  impartial  in  his  decisions,  and  enjoyed  the 
full  confidence  of  the  people.  He  was  an  open-hearted  and 
generous  man,  and  in  his  intercourse  with  others,  social, 
pleasant,  and  attractive.  He  was  a  great  favorite  with  the 
bar,  and  it  was  very  rare  indeed  that  he  had  occasion  to  fine 
an  attorney  for  contempt  of  court. 

Nothing  tends  so  much  to  make  the  practice  of  the  law 
agreeable  as  a  reciprocal  feeling  of  kindness  and  confidence 
between  bench  and  bar,  and  the  absence  of  it  always  leads  to 
the  obstruction  of  business  and  the  delay  of  justice. 

Judge  Yancey's  death  was  greatly  lamented  by  the  people 
of  south-western  Missouri,  and  no  one  felt  the  blow  more  than 
Mr.  Hendricks,  for  they  had  commenced  their  professional 
lives  together  under  the  same  adverse  circumstances,  had 
practiced  in  the  same  courts,  and  a  warm  affection  had  always 
existed  between  them. 

Mr.  Hendricks,  however,  was  in  every  respect  a  different 
man.  He  had  none  of  Judge  Yancey's  social  qualities,  but 
was  reserved,  distant,  and   not  easily  approached.      He  be- 


254  BENCH  AND  BAR   OF  MISSOURI. 

came  a  good  lawyer,  and  was  very  successful,  for  he  prepared 
his  cases  with  much  care,  and  was  seldom  caught  napping. 
He  took  in  his  range  of  practice  almost  the  entire  south- 
western part  of  the  state,  and  towards  the  close  of  his  life 
not  unfrequently  attended  courts  in  three  different  circuits. 
He  was  not  an  interesting  speaker,  and  seldom  relied  upon 
declamation  as  a  means  of  success.  His  forte  was  in  the 
examination  of  witnesses,  in  drafting  instructions,  and  getting 
his  case  before  the  jury  in  the  best  light  that  the  facts  would 
admit  of. 

Mr.  Hendricks  was  a  decided  Whig  in  his  politics,  which 
afforded  him  but  little  chance  for  political  honors,  for  the 
state  was  Democratic,  and  his  part  of  it  overwhelmingly  so. 

When  James  Winston  was  put  forward  by  the  Whigs,  in 
1844,  as  their  candidate  for  governor,  Mr.  Hendricks  was 
placed  on  the  ticket  with  him  for  lieutenant-governor.  He 
was,  also,  on  several  occasions  placed  on  their  electoral  ticket, 
and  was  regarded  as  the  leading  man  of  the  party  in  the 
south-western  part  of  the  state.  It  has  been  stated  that  Mr. 
Hendricks  at  one  period  made  Warsaw,  Benton  County,  his 
home.     It  is  certain  that  he  attended  the  Benton  court. 

After  Hamilton  R.  Gamble  became  provisional  governor, 
he  appointed  Mr.  Hendricks  judge  of  the  Fourteenth  Ju- 
dicial Circuit.  He  discharged  the  duties  of  the  office  with 
marked  ability  and  great  satisfaction.  But  the  position  in 
which  he  rendered  the  greatest  service  to  his  adopted  state 
was  as  a  member  of  the  Constitutional  Convention  which 
was  begun  and  held  at  Jefferson  City  on  February  28,  1861, 
and  subsequently  at  St.  Louis. 

We  have  already  stated  that  this  Convention  was  called  in 
the  interest  of  secession,  and  to  force  the  state  into  the 
Southern  Confederacy  ;  but  when  the  election  for  delegates 
took  place,  a  patriotic  sentiment  had  seized  the  public  mind, 
and  a  large  majority  of  the  Convention  were  found  on  the 
side  of  the  Union.  Though  born  in  a  slave  state.  Judge 
Hendricks  stood  manfully  by  the  government. 

He  died  in  Springfield  on  January  10,  1863,  at  the  age  of 
sixty-three.     The  Convention  was  then  in  session,  and   upon 


L.  HENDRICKS  AND   C.  S.  YANCEY.  255 

hearing  of  his  death  adopted  a  series  of  resolutions,  two   of 
which  we  here  give  : 

"Resolved,  That  in  the  death  of  Judge  Hendricks  this  Convention  has  lost  a 
valued  and  able  member,  whose  intellect  and  unyielding  devotion  to  tlie  Con- 
stitution and  laws  of  the  country  rendered  him  an  able,  efficient  member  of  this 
body  ;  that  by  his  death  the  nation  has  lost  a  devoted  patriot  in  this  dark  hour 
of  her  history,  the  society  in  which  he  moved  an  ornament,  and  his  family 
an  affectionate  husband  and  father. 

"Resolved,  That  in  testimony  of  our  appreciation  of  the  deceased,  and  from 
due  regard  to  his  memory,  this  Convention  will  now  adjourn  until  to-morrow 
morning  at  nine  o'clock,  and  that  the  members  wear  the  usual  badge  of  mourn- 
ing during  the  present  session." 

Judge  Hendricks  was  born  in  Virginia,  about  the  year 
1800,  and  in  early  life  was  a  mechanic  —  a  brick-mason  —  and 
before  settling  in  Springfield  was  for  a  short  period  a  clerk  in 
the  office  of  Abiel  Leonard,  at  Fayette,  Howard  County. 
He  was  a  man  of  spotless  integrity,  and  exceedingly  liberal 
in  his  charities.  He  placed  but  little  value  upon  money,  and 
never  sued  a  client  for  his  fee.  He  took  a  bold  stand  in 
favor  of  temperance  reformation,  and  both  wrote  and  lectured 
upon  the  subject.  He  was  a  member  of  the  old  Washing- 
tonian  Society,  and  afterwards  joined  the  Sons  of  Temper- 
ance and  the  Good  Templars. 


The  Gordons. 

These  talented  brothers  spent  ahnost  their  entire  profes- 
sional lives  in  Columbia,  Boone  County,  Missouri.  They 
were  sons  of  David  and  Jane  Boyle  Gordon,  and  were  born 
in  old  Millford,  Madison  County,  Kentucky,  the  former  in 
1798  and  the  latter  in  1810,  making  about  twelve  years  dif- 
ference in  their  ages.  Their  father  was  a  native  of  North 
Carolina,  but  came  to  Kentucky  at  a  very  early  time,  and 
there  married  Jane  Boyle,  sister  of  Judge  John  Boyle,  who 
for  many  years  was  chief  justice  of  the  Supreme  Court  of 
Kentucky.  The  uKjther  of  our  distinguished  jurist,  Judge 
Wash  Adams,  of  Boonville,  was  her  sister,  and  Boyle 
County,  Kentucky,  was  named  after  Judge  Boyle.  David 
Gordon  was  a  resident  of  Madison  County,  Kentucky,  about 
thirty-six  years,  and  in  the  Hill  of  1826  moved  with  his  family 
to  a  farm  near  Columbia,  Boone  County,  Missouri,  where 
he  died  in  1849.  The  education  of  the  two  brothers  was 
extremely  limited  —  indeed,  it  is  said  that  James'  entire 
schooling  did  not  exceed  eighteen  months.  John's  was 
somewhat  better,  and  when  he  became  of  age  he  opened  a 
small  school,  and  taught  about  eighteen  months.  He  was  in 
the  habit  of  boasting  that  in  this  way  he  obtained  his  early 
education  ;  but  it  is  known  that  with  the  little  money  he 
acquired  from  teaching,  and  by  the  aid  of  Colonel  William 
H.  Carpenter,  an  eminent  lawyer  in  Richmond,  Kentucky, 
he  was  enabled  to  attend  the  university  at  Lexington  about 
fifteen  months.  After  leaving  college  he  entered  upon  the 
study  of  the  law  with  Colonel  Carpenter,  and  was  admitted 
to  the  bar  of  Kentucky  in  1824.  In  the  following  year  he 
married  Miss  Sophia  Hawkins.  She  came  from  good  Revo- 
lutionary stock.  Her  father,  Nicholas  Hawkins,  a  native  of 
Virginia,  served  in  the  army  under  Washington,  and  was  at 
the    battle   of   Yorktown,   and   witnessed    the    surrender   of 


THE   GORDONS.  257 

Cornwallis.     He  died  in  18 16.     Mrs,  Gordon  is  still  living,  at 
the  venerable  age  of  seventy-three. 

In  1826  John  B.  came  with  his  father  to  Missouri,  and 
commenced  the  practice  of  the  law  in  Columbia,  in  partner- 
ship with  the  late  Governor  Austin  A.  King.  Leonard,  Hay- 
den,  Wells,  Clark,  Jameison,  Kirtley,  Davis,  Rollins,  Adams, 
McBride,  Todd,  and  perhaps  others,  were  his  contempora- 
ries at  the  bar. 

At  that  time  the  two  great  political  parties  were  about 
equally  divided  in  Boone,  and  the  Whig  party  availed  itself 
of  Mr.  Gordon's  ability  as  a  stump-speaker  to  further  its 
cause.  In  August,  1838,  he  was  their  candidate  for  the  Leg- 
islature, and  was  elected  by  a  small  majority.  He  served  in 
the  Legislature  five  successive  terms,  and  greatly  distin- 
guished himself  as  an  orator.  It  was,  no  doubt,  through  his 
exertions  that  Boone  became  the  banner  Whig  county  of  the 
state.  It  was  not,  however,  simply  as  an  orator  that  he 
obtained  reputation,  for  he  soon  enjoyed  a  large  practice  at 
the  bar,  and  was  regarded  as  one  of  the  ablest  and  most  suc- 
cessful lawyers  in  the  state.  His  reputation  was  by  no 
means  confined  to  his  own  circuit,  for  he  was  often  retained 
in  cases  pending  in  other  circuits. 

As  an  advocate  he  w^as  almost  invincible  before  a  jury  of 
central  Missouri.  He  was  not  only  fluent,  logical,  and 
impressive,  but  exceedingly  popular  with  the  people,  and  it 
was  difficult  to  impanel  a  jury  without  containing  one  or 
more  of  his  attached  friends,  who  felt  the  strongest  disinclina- 
tion to  find  a  verdict  against  him.  Both  brothers  were  men 
of  great  probity  and  unflinching  integrity,  which  greatly 
added  to  their  influence. 

By  act  of  the  Legislature  of  1838,  the  State  University 
was  to  be  located  in  one  of  five  counties,  and  the  one  which 
would  subscribe  the  largest  amount  of  money  for  its  endow- 
ment. Mr.  Gordon  took  a  deep  interest  in  procuring  its 
location  in  Columbia,  and  canvassed  thoroughly  the  sur- 
rounding country,  and  with  the  aid  of  that  accomplished 
lawyer,  James  S.  Rollins,  and  a  few  others,  obtained  a  sub- 
scription of  $120,000  —  an  amount  almost  incredible  when 

17 


258  BENCH  AND  BAR   OF  MISSOURI. 

we  take  into  consideration  the  sparse  population  and  limited 
resources  of  Boone  at  that  time.  It  was  located  in  Colum- 
bia, and  has  ever  since  been  a  source  of  great  pride  to  the 
people  of  Missouri.  We  take  pleasure  in  here  stating  that 
one  of  its  present  learned  professors,  Boyle  Gordon,  Esq.,  is 
a  son  of  John  B.  Gordon. 

In  the  spring  of  1840  John  B.  made  a  visit  to  his  old 
home  in  Kentucky,  and,  wishing  to  obtain  some  respite  from 
the  labors  of  the  practice,  and  to  recruit  his  health,  remained 
there  three  years,  devoting  a  portion  of  his  time  to  the  fur- 
ther study  of  the  law.  During  this  time  several  students 
availed  themselves  of  his  instruction ;  among  whom  was 
Samuel  Miller,  one  of  the  present  judges  of  the  Supreme 
Court  of  the  United  States.  He  often  said  that  young  Mil- 
ler was  one  of  the  clearest-headed  students  he  ever  exam- 
ined. Mr.  Gordon  was  always  fond  of  instructing  young 
students  in  the  law.  His  brother  James  was  one  of  his  stu- 
dents, and  also  his  nephew.  General  O.  Guitor,  who  enjoys  a 
high  reputation  as  a  lawyer. 

In  the  fall  of  1843  John  B.  returned  from  Kentucky,  and 
took  up  his  residence  on  a  farm  near  Columbia.  He  only 
partially  resumed  the  practice,  preferring  to  spend  his  time 
in  instructing  his  children,  and  other  young  men  who  read 
law  under  him.  He  resisted  all  attempts  to  bring  him  again 
into  public  life. 

He  died  upon  his  farm,  in  February,  1853.  He  left  four 
sons,  the  eldest  of  whom,  Boyle  Gordon,  we  have  already 
mentioned  as  a  professor  in  the  University.  He  was  ap- 
pointed professor  of  law  in  1872,  and  still  holds  that  posi- 
tion. A  second  son  also  studied  law,  and  gave  promise  of 
much  brilliancy,  but  became  deranged,  and  has  been  so  ever 
since.  The  remaining  sons  are  practicing  lawyers  in  Boone 
County.     He  also  left  two  daughters,  both  of  whom  married. 

At  one  time,  and  while  a  member  of  the  Legislature,  John 
B.  Gordon  became  somewhat  intemperate,  and  as  a  rebuke 
to  him  his  party  refused  to  renominate  him  ;  but  he  ran  as 
an  independent  candidate,  and,  notwithstanding  the  Whig 
party  had  from  1,000  to  1,500  majority,  he  was  triumphantly 


THE   GORDONS.  259 

elected.  He  took  his  seat  at  the  session  in  which  Colonel 
Benton  was  reelected  to  the  United  States  Senate.  When 
the  election  took  place,  and  Mr.  Gordon's  name  was  called, 
he  deliberately  rose  from  his  seat  and  cried  out,  "  Old  Tom 
Benton,  by  G — d  !  "  His  Whig  friends  were  astounded,  and 
when  called  upon  for  an  explanation  of  his  vote,  he  said  "  that 
he  was  elected  by  three  classes  of  voters,  and  he  aimed 
to  represent  each  class."  The  first  class  embraced  the  in- 
telligent and  respectable  Whigs,  and  to  represent  them  he 
voted  for  all  the  leading  Whig  measures  which  came  before 
the  House.  The  next  class  were  the  saloon-keepers,  and  to 
represent  them  he  voted  against  the  prohibitory  bills.  In 
the  third  class  were  his  good  Democratic  friends  who  had 
supported  him,  and  without  whose  votes  he  could  not  have 
been  elected,  and  to  represent  them  he  voted  for  "  Old 
Tom." 

In  his  lectures  to  law  students  he  fixed  upon  a  high  stand- 
ard of  morality.  He  contended  that  every  student  should 
become  well  versed,  as  a  part  of  his  legal  education,  in  moral 
science  and  mental  philosophy  —  favorite  themes  with  him 
at  all  times. 

With  but  little  education,  James  M.  Gordon  commenced 
the  study  of  the  law  in  the  office  of  his  brother,  John,  in  1833 
or  1834,  and  the  first  book  that  his  preceptor  placed  in  his 
hands  was  "  Paley's  Moral  Philosophy."  This  he  literally  de- 
voured, and  then  took  up  Coke,  Blackstone,  and  other  stand- 
ard authors.  Having  a  fine  constitution,  he  devoted  nearly 
sixteen  hours  per  day  in  close  study.  He  read  nothing  but 
law,  not  even  the  newspapers  of  the  day.  He  was  licensed 
to  practice  in  August,  1836.  He  had  been  previously  elected 
judge  of  the  County  Court,  and  served  in  that  capacity  two 
years.  He  was  elected  to  the  office  of  circuit  attorney,  and 
prosecuted  in  his  circuit  for  a  term  of  twelve  years,  giving 
great  satisfaction  to  the  people  —  for  he  was  a  most  vigorous 
prosecutor,  and  a  terror  to  all  evil-doers.  He  mastered  the 
criminal  law,  and  few  criminals  in  his  district  escaped  pun- 
ishment. Having  no  literary  taste,  his  reading  was  confined 
to  the  law,  and  in  the  law  he  became  very  profound. 


260  BENCH  AND  BAR   OF  MISSOURI. 

In  1852  and  i860  he  was  elected  to  the  lower  house  of  the 
General  Assembly,  and  in  1862,  to  the  State  Senate,  the 
district  embracing  Boone  and  Callaway  Counties.  He  re- 
tired from  the  practice  of  the  law  in  1865,  and  having  amassed 
a  competency,  settled  upon  a  farm,  and  devoted  the  remain- 
der of  his  days  to  agriculture. 

He  died  suddenly  from  heart  disease,  February  21,  1875. 
He  was  never  married. 

James  M.  Gordon  was  the  legal  preceptor  of  several  of  the 
ablest  lawyers  of  Missouri ;  among  them.  Governor  Charles 
H.  Hardin,  who  studied  with  him  two  years,  and  who  en- 
tertains the  highest  reverence  for  his  memory.  Charles  H. 
Hughes,  of  Ray  County,  studied  with  his  brother,  John. 
Others  whose  names  we  cannot  recall  owe  to  the  Gordons 
much  of  their  professional  success. 

With  popular  and  promiscuous  assemblies  few  men  exer- 
cised greater  powers  as  a  speaker  than  John  B.  Gordon. 
When  it  was  known  that  he  intended  to  address  the  people 
on  political  subjects,  they  went  r/^  uiassc  to  hear  him,  and  his 
speech   was   received   with  one  continuous  applause. 

In  1834  a  distinguished  lecturer  on  phrenology  visited 
Columbia,  and  at  the  conclusion  of  one  of  his  discourses 
proposed  to  establish  the  truth  of  his  philosophy  by  a  public 
examination  of  the  heads  of  any  of  the  audience  who  might 
step  forward.  John  B.  Gordon,  at  the  urgent  request  of 
some  friends,  walked  upon  the  platform,  and  the  professor, 
upon  placing  his  hand  upon  his  head,  turned  to  the  audience 
and  remarked,  "  This  is  an  honest  man  ;  and  I  am  willing  to 
rest  the  truth  of  phrenology  upon  the  statement."  The  house 
resounded  with  an  approving  plaudit.  There  is  a  bare  possi- 
bility that  the  lecturer  had  seen  Mr.  Gordon  before,  but 
Mr.  Gordon  had  no  recollection  of  ever  being  in  the  pres- 
ence of  the  lecturer  until  that  night.  This  circumstance  is 
significant,  not  only  as  evidence  sustaining  the  truth  of  the 
science,  but  as  evidence  of  the  high  appreciation  of  Mr. 
Gordon  by  the  people  of  Columbia  as  an  honest  and  upright 
man. 


Charles  French. 

There  are  very  few  of  the  old  citizens  of  central  Missouri 
who  have  not  a  personal  recollection  of  this  lawyer,  who 
practiced  many  years  in  Lafayette  and  the  adjacent  coun- 
ties. Of  his  early  life  very  little  is  known,  for  he  seldom 
alluded  to  it ;  and,  as  he  never  married,  there  is  no  descendant 
or  blood  relation  who  can  speak  of  his  boyhood  or  early 
days. 

It  is  known,  however,  that  he  was  born  in  Dunstable,  Hills- 
boro'  County,  New  Hampshire,  about  the  year  1797,  and 
received  a  good  English  education,  but  never  took  a  col- 
legiate course.  He  must  have  studied  law  a  part  of  the  time 
in  New  Hampshire,  for  he  came  to  Missouri  before  he  at- 
tained his  majority,  and  shortly  afterwards  obtained  his 
license  and  located  in  old  Franklin,  where  he  practiced  some 
time,  and  traveled  the  circuit  with  Todd,  Leonard,  Hayden, 
Ryland,  and  others. 

In  1839  he  left  old  Franklin  and  settled  in  Lexington, 
Lafayette  County,  where  the  most  of  his  professional  life  was 
passed.  He  took,  in  his  practice,  all  the  counties  of  central 
Missouri,  and  attended  very  regularly  the  sessions  of  the 
Supreme  Court.  As  a  lawyer  he  was  well  read,  and  greatly 
excelled  in  special  pleading,  which  afforded  him  many  ad- 
vantages. 

Upon  the  introduction  of  the  Code,  simplifying  the  system 
of  pleading,  he  became  very  indignant,  and  in  and  out  of 
court  showed  the  most  profound  contempt  for  it.  In  the  at- 
tempt to  modify  the  system  and  get  rid  of  many  of  the 
subtleties  of  pleading,  the  Legislature  went  to  the  other  ex- 
treme, and  by  one  fell  swoop  abolished  pleading  altogether. 
It  enacted  (with  very  few  exceptions)  that  the  only  plea  that 
a  defendant  was  required  to  file  was  a  simple  denial  of  the 
plaintiff's  demand.      It  made  no    disclosure  of  his   intended 


262  BENCH  AND  BAR   OF  MISSOURI. 

defense,  tendered  no  issue,  and  left  the  court  and  jury  to 
grovel  in  the  dark  with  respect  to  the  matter  they  were  to 
try.  So  absurd  was  its  practical  operation  that  the  Legisla- 
ture was  forced  to  repeal  it,  and  to  substitute  what  is  known 
as  the  New  York  Code,  w^ith  such  amendments  and  modi- 
fications as  experience  proved  necessary. 

Mr.  French  was  in  no  sense  an  orator,  though  his  style  of 
speaking  was  lucid,  strong,  and  argumentative,  and  before  a 
court  or  jury  at  times  very  impressive.  He  was  a  man  of 
fine  personal  appearance,  at  least  six  feet  high,  well  propor- 
tioned, and  would  readily  attract  the  notice  of  a  stranger. 
In  his  manner  he  was  distant  and  reserved,  but  by  his  ac- 
quaintances easily  approached,  and  his  attachment  to  his 
friends  was  warm  and  steadfast. 

We  are  not  aware  that  he  ever  held  any  public  position, 
though  Governor  Boggs  tendered  him  the  judgeship  of  his 
circuit,  which  he  declined.  Towards  the  close  of  his  life, 
and  after  spending  many  years  in  the  South,  he  became 
despondent  and  melancholy,  and  at  times  imagined  that 
there  was  a  purpose  on  hand  to  assassinate  him.  This  con- 
tinued to  prey  upon  his  mind,  and  in  a  fit  of  mental  de- 
rangement he  cut  his  throat  while  visiting  a  friend  in  the 
vicinity  of  Lexington,  and  thus  terminated  his  life.  At  the 
time  of  his  death  he  must  have  been  near  sixty-five  years  of 
age. 


Willis  L.  Williams, 

One  of  the  most  eminent  and  popular  members  of  the  St. 
Louis  bar,  was  born  in  WilHamsboro',  North  CaroHna,  Decem- 
ber 28,  1809.  He  was  a  graduate  of  Amherst  College,  and 
received  a  finished  education.  Soon  after  graduating  he  re- 
paired to  Washington  City,  and  commenced  the  study  of  the 
law  in  the  office  of  Joseph  Bradley,  a  distinguished  lawyer  of 
that  city.  The  chief  object  in  going  to  Washington  was  to 
enable  him  to  attend  the  debates  in  Congress  —  an  advantage 
that  few  students  are  permitted  to  enjoy.  He  attended  the 
sessions  almost  daily,  and  scarcely  ever  missed  being  present 
on  any  important  debate.  He  kept  a  memorandum-book  by 
him,  and  noted  down  the  peculiarities  of  each  speaker,  which 
was  of  great  aid  to  him  in  the  study  of  elocution.  He  heard 
Webster,  Clay,  Calhoun,  and  Benton  in  some  of  their  finest 
efforts,  and  his  admiration  of  Webster  and  Clay  was  un- 
bounded. While  he  could  not  hope  to  rival  either,  yet  he 
made  them  his  model.  We  have  often  heard  him  say  that 
he  would  rather  be  a  Clay  or  a  Webster  than  to  sit  on  the 
proudest  throne  of  Europe.  His  admiration  of  these  distin- 
guished  men   no   doubt  determined  his   political   status,  for 

* 

during  life  he  was  a  steadfast  and  consistent  Whig. 

Mr.  Williams  first  located  in  the  practice  in  Paris,  Ten- 
nessee, the  abode  of  some  of  his  relations,  and  in  a  short 
time  received  the  appointment  of  prosecuting  attorney  for 
that  circuit ;  but  the  location  did  not  present  such  a  field  for 
an  ambitious  young  lawyer  as  he  desired,  and  in  1842  he 
removed  to  St.  Louis,  where  he  remained  till  his  death. 
His  genial  habits  and  attractive  manners  soon  brought  him 
many  warm  friends,  and  he  at  once  entered  upon  a  suc- 
cessful professional  career.  The  revising  session  of  the 
Legislature  of  1844-5  brought  together  at  the  state  capital 
a   body    of    men    who    have    not    since    been    excelled    for 


264  BENCH  AND  BAR   OF  MISSOURI. 

high  professional  attainments.  Among  them  were  Mr.  Will- 
iams, Hamilton  R.  Gamble,  DeWitt  C.  Ballou,  Sinclair  Kirt- 
ley,  Charles  J.  Hughes,  Benjamin  F.  Stringfellow,  Rich- 
ard F.  Richmond,  Bela  M.  Hughes,  Gilchrist  Porter,  John 
D.  Coalter,  and  many  others  of  prominence.  We  had  the 
honor  of  representing  in  part  the  county  of  Franklin,  and 
there  first  met  Mr.  Williams,  who  soon  became  one  of 
the  acknowledged  leaders  of  the  House.  His  fine  per- 
sonal appearance,  winning  manners,  and  unrivalled  conver- 
sational powers  made  him  a  favorite  with  the  members,  and 
it  was  no  easy  matter  to  defeat  any  bill  of  which  he  was  the 
author  and  advocate.  He  took  a  deep  interest  in  every- 
thing that  pertained  to  woman's  rights,  and  introduced  sev- 
eral bills  to  protect  their  property  from  the  creditors  of  the 
husband,  some  of  which  became  laws,  and  are  now  on  our 
statute-book.  Whenever  it  was  known  that  one  of  Mr.  Will- 
iams' bills  was  to  come  up  for  consideration,  the  lobby  be- 
came crowded  with  ladies,  and  he  would  lead  off  in  one  of 
those  beautiful  strains  of  eloquence  for  which  he  was  re- 
nowned. The  ladies  would  wave  their  handkerchiefs,  and 
loudly  cheer  him.  Sometimes  they  would  assemble  in  the 
lobby  in  large  numbers,  and  would  petition  him  for  a  speech, 
when  he  would  call  up  one  of  his  bills  to  entertain  them. 
With  this  lobby  influence,  and  his  personal  popularity,  he  ex- 
ercised a  power  in  legislation  which  was  never  acquired  by 
any  other  man  before  or  since  in  this  state.  He  was  a  very 
handsome  man,  dressed  neatly  and  with  much  taste,  and  in 
conversation  he  was  brilliant  and  entertaining.  Upon  the 
stage  he  would  have  made  a  star  of  the  first  magnitude.  His 
fund  of  humor  and  anecdote  was  inexhaustible,  and  in  what- 
ever company  he  was  thrown  he  was  its  life  and  spirit. 

We  recall  one  incident  which,  though  trivial  in  itself, 
tends  to  show  his  resources  for  fun  and  amusement.  During 
the  session  of  the  Legislature  just  referred  to,  mesmerism 
was  at  its  height,  and  afforded  much  merriment  at  all  parties 
and  social  gatherings.  Upon  one  of  these  occasions  we 
accompanied  Mr.  Williams,  and  found  assembled  about 
twenty  ladies  and  half  the  number  of  gentlemen.     Mr.  Will- 


WILLIS  L.  WILLIAMS.  265 

iams  for  that  evening  was  to  be  the  master  of  ceremonies, 
and  when  the  time  arrived  for  the  curtain  to  rise,  he  placed 
a  chair  in  the  center  of  the  room,  and  invited  any  one 
who  wished  to  be  mesmerized  to  take  the  seat.  Several 
accepted  the  invitation,  and  finally  a  very  modest  young 
lady,  and  as  beautiful  as  she  was  modest,  cried  out,  "  You 
can't  put  me  to  sleep,  Mr.  Williams."  "  Let  me  try,"  said 
Williams ;  and  with  the  grace  of  a  Chesterfield  he  conducted 
the  young  lady  to  the  chair,  and  after  a  few  manipulations 
she  began  to  draw  a  long  breath,  and  soon  her  eyelids  closed. 
"  Now,"  said  Mr.  Williams,  "  I  will  satisfy  the  most  skeptical 
in  the  room  that  mesmerism  is  a  fixed  fact,  an  established 
science,  and  as  capable  of  demonstration  as  astronomy  or 
any  other  admitted  science.  Now,  you  all  know  if  this  young 
lady  was  sensible  of  what  was  transpiring,  she  would  not  let 
me,  a  married  man,  kiss  her;  but  now  I  will  approach  and 
salute  her,  and  when  she  is  aroused  from  her  trance  she  will 
be  totally  unconscious  of  what  has  transpired;  "  and,  suiting 
the  action  to  the  word,  he  approached  the  chair  and  gave  the 
subject  a  smack  upon  the  lips  which  might  have  been  heard 
half  a  square.  Not  a  muscle  of  her  face  moved,  and  to  all 
appearances  she  was  as  inanimate  as  a  piece  of  chiseled  mar- 
ble. Governor  Gamble  and  the  author  were  invited  by  Mr. 
Williams  to  partake  of  the  feast,  for  it  was  a  feast  fit  for  the 
gods.  How  could  we  decline,  for  both  of  us  were  enlisted  in 
the  cause  of  science.  In  turn  we  repeated  Mr.  Williams'  ex- 
periment, with  a  like  result.  Mr.  Williams  then  took  one  more 
taste  of  the  nectar,  and  by  a  reverse  motion  of  his  hand 
aroused  the  young  lady  from  her  quiet  dream,  and  asked  her 
if  she  knew  what  had  transpired.  Of  course  she  did  not. 
After  leaving  the  house  in  company  with  Mr.  Williams,  the 
first  thing  he  said  was,  "/j."  not  inestnerism  a  delicious  Jiiun- 
bug?- 

There  was  a  charm  about  Mr.  Williams  that  few  men 
could  resist.  It  proceeded  from  his  pleasant  manners,  unsur- 
passed conversational  powers,  and  his  copious  fund  of  humor 
and  anecdote.  He  would  relate  anecdote  after  anecdote, 
and  keep  a  company  in  a  roar  of  laughter,  while  he  himself 


266  BENCH  AND  BAR   OF  MISSOURI. 

looked  as  grave  as  a  judge  passing  sentence  of  death  upon 
a  prisoner.  It  was  one  of  his  greatest  dehghts  to  make  all 
who  came  in  contact  with  him  look  upon  the  bright  page  of 
life.     To  drive  dull  care  away  was  his  forte  and  province. 

Mr.  Williams  was  very  enthusiastic  in  everything  he 
undertook.  During  the  latter  part  of  the  session  a  religious 
revival  took  place  in  Jefferson  City,  embracing  all  denomina- 
tions, and  in  which  a  very  deep  interest  was  felt.  Mr.  Will- 
iams attended  all  the  meetings,  frequently  addressed  the  as- 
sembly, and  was  doubtless  the  cause  of  many  conyersions. 
No  one  doubted  his  sincerity,  for  he  had  not  a  deceitful  hair 
in  his  head.  He  was  naturally  a  religious  man,  though  we 
are  not  informed  as  to  whether  he  ever  made  any  formal 
connection  with  the  Church. 

His  heart  overflowed  with  kindness  to  all  mankind,  and  he 
cheerfully  gave  up  his  last  dollar  to  the  call  of  charity. 
There  was  nothing  on  earth  that  he  would  not  do  for  a  friend,  if 
in  his  power.  He  gave  far  more  cheerfully  than  he  received. 
His  practice  was  large,  and  brought  him  a  good  income;  but 
he  knew  nothing  of  the  value  of  money,  and  never  could  lay 
up  anything  for  a  rainy  day.  He  looked  at  the  bright  side 
of  everything,  always  seemed  happy,  and  tried  to  make  every 
one  else  happy. 

As  a  lawyer  he  ranked  high  at  the  bar,  and  was  generally 
retained  in  important  land  suits,  for  he  had  given  that  branch 
of  the  law  his  chief  attention.  As  a  speaker  he  possessed 
many  of  the  qualities  necessary  to  lead  the  passions  of  a 
jury.  His  diction  was  pure,  his  gesticulation  easy  and  nat- 
ural, his  voice  clear  and  well  modulated,  and  at  times  he  was 
impressive  and  eloquent. 

In  the  case  of  Miss  Fant  vs.  Dr.  Wells,  of  Lincoln,  a 
breach  of  promise  case  pending  in  the  Warren  Circuit  Court, 
his  address  to  the  jury  was  regarded  by  the  bar  as  a  master- 
piece of  forensic  display. 

In  society  no  man  was  so  popular,  and  he  was  in  con- 
stant demand  at  all  public  and  private  dinner-parties,  for 
he  excelled  all  others  in  entertaining  a  company.  His  re- 
sponses to  a  toast  were  always  happy  and  appropriate,  and 


WILLIS  L.    WILLIAMS.  267 

not  unfrequently  very  instructive.  His  constant  attendance 
upon  occasions  of  this  kind  no  doubt  brought  on  the  disease 
which  terminated  his  life. 

He  never  sought  office,  but  rather  avoided  it,  and  we  are 
not  aware  of  his  holding  any  except  those  above  mentioned, 
and  the  office  of  city  counselor  of  St.  Louis,  which  he  held 
in  1856,  though  he  was  selected  by  President  Fillmore  as 
one  of  the  annual  committee  to  visit  West  Point. 

He  died  in  St.  Louis  quite  suddenly,  on  March  29,  1857, 
in  his  forty-eighth  year. 

Two  or  three  days  before  Mr.  Williams'  death  he  was 
engaged  in  the  argument  of  a  cause  in  the  Supreme  Court, 
apparently  in  his  usual  health,  but  suffering  from  a  pain  in 
his  side,  resulting  from  some  disorganization  of  his  liver,  and 
it  was  only  on  the  day  of  his  death  that  serious  apprehen- 
sions were  entertained  in  regard  to  his  condition.  His  death, 
therefore,  fell  upon  the  community  with  great  surprise,  and 
was  a  great  shock  to  his  friends. 

It  is  usual  on  such  occasions  for  the  bar  to  assemble  to  pay 
a  tribute  of  respect  to  the  memory  of  the  deceased,  which 
often  is  an  unfeeling  and  empty  honor;  but  not  so  on  the 
occasion  of  Mr.  Williams'  death.  The  court-room  in  which 
the  meeting  was  held  was  densely  crowded,  and  among  the 
audience  could  be  seen  the  faces  of  the  oldest  members  of 
the  profession.  As  one  after  the  other  rose  to  express  their 
profound  sorrow,  and  proclaim  his  many  virtues,  not  a  dr}^ 
eye  in  the  room  could  be  seen.  It  was' a  most  solemn  occa- 
sion, and  elicited  tributes  from  Edward  Bates,  Charles  D. 
Drake,  John  M.  Krum,  John  D.  Coalter,  J.  F.  Darby,  N.  D. 
Strong,  L.  V.  Bogy,  Wilson  Primm,  A.  J.  P.  Garesche,  and 
others  who  had  known  him  during  his  professional  life  and 
were  in  the  habit  of  meeting  him  daily  in  the  court-room. 
We  give  a  few  extracts  to  show  the  high  estimate  they  placed 
on  him. 

P2dward  Bates,  as  chairman  of  a  committee  to  draft  reso- 
lutions expressive  of  the  sense  of  the  meeting,  in  making  his 
report,  said  : 


268  BENCH  AND  BAR   OF  MISSOURI. 

"  With  tlie  single  exception  of  one  man  at  tlie  St.  Louis  bar,  I  am  now  the 
oldest  member  of  it.  As  was  said  l)y  an  able  man,  '  I  stand  in  the  midst  of 
posterity.'  I  am  surrounded  by  my  juniors  in  age  and  in  the  profession.  I 
have  witnessed  from  time  to  time  tlie  passing  away  of  a  great  number  of  our 
brethren,  beginning  with  the  very  first  who  ever  practiced  common  law  in 
Upper  Louisiana —  Easton  and  others  — many  of  whom  have  been  lights  of  the 
profession,  and  excellent  examples  for  those  who  followed;  several  of  whom,  at 
least,  have  not  been  surpassed  by  any  of  the  profession  west  of  the  Missis- 
sippi. They  are  all  gone.  It  seems  to  me  as  if  I  were  walking  among  the  grave- 
stones of  my  former  associates.  *  *  *  I  have  known  Mr.  Williams  from 
the  first  month  of  his  residence  here  ;  a  man  of  warm  impulses,  of  active  heart ; 
sometimes  impulsive,  but  even  then  it  occurred  to  me  his  fault  leant  to  virtue's 
side.  His  success  at  the  bar  shows  at  least  his  (jualification,  and  even  when  he 
gave  offense,  as  we  all  sometimes  do,  the  kindness  of  his  heart  won  back  the 
affections  of  him  he  may  have  offended.  Mr.  Williams  belonged  to  a  family 
remarkable  for  their  success  in  life  —  many  of  them  eminent  in  their  old  native 
state  of  North  Carolina,  some  since  in  south  Tennessee,  and  he  was  pursuing 
here  a  course  that  might  have  rendered  illustrious  his  own  name." 

The  Hon.  Charles  D.  Drake,  now  presiding  justice  of  the 
Court  of  Claims  at  Washington  City,  thus  alluded  to  him  : 

"I  think  we  do  no  more,  Mr.  Chairman,  than  simple  justice  to  our  deceased 
brother  in  the  resolutions  which  have  been  presented.  I  think  that  he  was  in 
many  respects  a  very  remarkable  man  —  certainly  remarkable  in  the  amiability 
of  his  disposition,  in  his  uniform  courtesy,  in  his  genial  courtesy,  which  made 
him  an  associate  beloved  by  those  with  whom  he  was  associated.  He  was,  as 
a  mere  lawyer,  much  above  mediocrity ;  and,  sir.  I  feel,  for  one,  that  our  bar 
cannot  at  any  time  lose  such  a  man  without  sustaining  a  loss  that  is  not  easily 
repaired." 

Colonel  L.  V.  Bogy,  late  United  States  senator,  followed 
with  some  very  feeling  remarks.     We  give  a  short  extract : 

"I  knew  Willis  L.  Williams  when  I  was  a  practitioner;  we  were  frequently 
associated  together,  and  I  can  bear  this  testimony  to  him  :  a  more  upright,  gen- 
erous, more  noble  man  I  never  met.  That  Mr.  Williams  was  the  creature  of 
impulse  we  all  know,  but  he  hail  no  mean  impulses,  lie  had  no  low  and 
gi-oveling,  unworthy,  ungenerous  impulses ;  they  were  such  as  always  have 
something  redeeming  about  them.  That  he  was  a  lawyer  of  more  than  ordi- 
nary abilities  cannot  be  denied.  He  was  a  man  of  genius,  and  endowed  with  a 
tine  intellect." 

Other  members  of  the  bar  addressed  the  meeting,  and  all 
spoke  of  him  in  terms  of  the  highest  praise.     A  committee 


WILLIS  L.    WILLIAMS.  269 

was  appointed  to  present  the  resolutions  of  the  meeting  to 
the  several  courts  of  record,  with  a  request  that  they  be 
spread  upon  the  records. 

General  J.  D.  Coalter  was  appointed  for  the  United  States 
Circuit  Court,  and,  in  presenting  them  to  the  court,  said, 
among  other  things  : 

"  His  abilities  gave  him  unusual  success.  Possessed  of  an  acute  mind  and 
great  powei-s  of  discrimination  and  research,  his  argument  fell  with  weight  upon 
the  ears  of  judges  learned  in  the  law,  while  with  jurors  his  copious  flow  of  lan- 
guage, warm  with  his  own  ardent  and  generous  feelings,  found  ready  and  favor- 
able reception.  Thus  gifted,  his  success  was  far  above  ordinary.  But  not  less 
than  his  abilities  as  a  lawyer  were  his  social  qualities.  His  kindness  of  heart; 
his  ready,  cheerful,  ofttimes  brilliant,  conversational  powers;  his  ability  to  enter 
into  and  contril:)Ute  largely  to  the  enjoyment  of  the  hour,  endeared  him  greatly 
to  his  associates." 

Albert  Todd,  who  for  a  quarter  of  a  century  has  been  an 
eminent  lawyer  at  the  St.  Louis  bar,  presented  the  resolu- 
tions to  the  Land  Court,  and  we  here  give  a  few  lines  of  his 
address : 

"The  decease  of  our  brother  is  singularly  affecting  and  impressive  to  us  all. 
While  he  would  compare  well  with  our  most  experienced  brethren  in  professional 
abilities,  he  excelled  them  all,  in  my  humble  estimation,  in  agreeable  social 
qualities.  His  was  a  rare  spirit  for  relieving  the  hard  and  dry  work  of  profes- 
sional labors  with  the  enlivenment  of  a  dry  humor  and  cheerful  jest.  All  of  us 
were  glad  to  cjuit  any  labor,  however  pressing,  to  enjoy  the  cheerful  entertain- 
ment of  his  inexhaustible  anecdote  and  pleasing  reminiscences." 

Judge  Wilson  Primm,  who  has  very  recently  passed  from 
our  midst,  tendered  the  resolutions  to  the  Criminal  Court, 
and  paid  a  most  beautiful  tribute  to  the  memory  of  the 
deceased.     Said  he : 

"Willis  L.  Williams,  a  brilliant  star  in  the  profession  to  which  we  belong, 
an  ornament  to  the  society  in  which  he  moved,  a  kind  father  and  fast  friend,  has 
been  suddenly  snatched  away  from  our  midst,  even  as  the  magnificent  tree  is  up- 
rooted and  shattered  by  the  sudden  and  unexpected  storm.  The  memory  of 
those  departed,  although  ever  mingled  with  sadness,  still  yet  retains  a  shade  of 
pleasure  :  sadness,  because  of  the  loss  of  those  whom  we  have  known  and  loved  ; 
and  pleasure,  because  of  the  recollection  of  those  traits  of  character  which 
caused  us  to  love  and  admire. 

"  Such  are  the  feelings  of  the  members  of  the  St.  Louis  bar  toward  their  de- 
ceased brother.      They  grieve  that  one  of  their  number,  in  the  prime  of  life,  in 


2/0  BENCH  AND  BAR   OF  MISSOURI. 

the  onward  way  to  distinction  in  his  profession,  should,  Ijy  a  decree  of  an  in- 
scrutable Providence,  be  wrested  from  their  midst.  But  it  is  a  pleasure  to  them 
when  they  remember  that,  in  ail  his  walk  of  life,  his  friends  could  proclaim  him 
a  lawyer  in  the  amplest  sense  of  the  term,  a  gentleman,  and  a  Christian.  A 
long  and  intimate  association  as  his  room-mate  taught  me  to  appreciate  his 
qualities  of  heart  and  mind,  and  now  that  he  is  cold  in  death,  and  cannot  hear 
my  words,  I  feci  a  joyful  satisfaction  in  saying  that  in  every  relation  of  life  he 
was  a  man." 

At  the  time  of  Mr.  Williams'  death  we  were  absent  from 
St.  Louis,  and  consequently  prevented  from  mingling  our 
voice  with  those  who  deeply  and  sincere^  mourned  his  death. 

"  Death  steals  along  with  silent  tread, 
Found  oftenest  in  what  least  we  dread ; 
Frowns  in  the  storm  with  angry  brow. 
But  in  the  sunshine  strikes  the  blow." 


JOHN    F.   RYLAND. 

Nothing  connected  with  these  memoirs  has  afforded  us 
more  gratification  than  the  opportunity  they  furnish  to  place 
upon  record  even  a  meager  sketch  of  one  of  God's  noble- 
men, the  late  John  F.  Ryland,  of  Lexington,  Missouri,  whose 
whole  life  was  spent  in  doing  good  to  his  fellow-man,  whose 
mind  was  a  store-house  of  varied  learning,  and  whose  bright 
judicial  career  has  done  so  much  to  adorn  the  jurisprudence 
of  our  state. 

We  knew  him  long  and  well ;   saw  him  in  all  the   relations 
of  life  ;   practiced  before  him  w-hen  he  graced  the  bench  of 
the  Supreme  Court ;   and,  when  by  the  voice  of  the  people 
we  were  elevated  to  the  same  position,  had  the  pleasure   of 
listening  to  many  of  his  fine  forensic  efforts. 

Judge  Ryland  bore  the  judicial  robe  with  a  dignity  suited 
to  the  high  and  responsible  position  —  neither  strained  nor 
assumed,  but  easy,  natural,  and  commanding.  He  was 
born  a  gentleman,  and  to  assume  anything  else  was  revolting 
to  his  nature.  No  sudden  change  in  life,  no  sudden  eleva- 
tion to  power,  effected  the  slightest  change  in  his  habits  or 
demeanor.  The  pleasant  and  affable  manner  in  which  he 
greeted  every  person  who  approached  him  made  him  a  uni- 
versal favorite  with  the  people  and  the  bar.  Nothing  could 
give  him  more  pain  than  the  thought  of  having  said  or  done 
anything  to  wound  the  feelings  of  another. 

John  Ferguson  Ryland  was  born  in  King  and  Queen 
County,  Virginia,  near  the  banks  of  the  Rappahannock,  on 
November  2.  1797,  and  was  the  oldest  child  of  Joseph  and 
Rosamiah  Molly  Ryland.  When  he  was  but  twelve  years  of 
age  his  father  moved  to  Richmond  County,  Kentucky,  and 
shortly  after  died,  leaving  a  widow  and  seven  children.  They 
lived  on  a  small  farm,  the  cultivation  of  which  was  their  chief 
reliance  for  support. 


2/2  BENCH  AND  BAR   OF  MFSSOURI. 

John  was  fond  of  books,  had  read  much,  and  took  great 
deHght  in  imparting  to  other  boys  the  information  he  had 
thus  acquired.  When  he  was  sent  out  to  work  with  other 
hands,  he  would  frequently  get  on  a  stump,  with  all  hands 
around  him,  and  relate  the  wonderful  deeds  of  Julius  Ca;sar, 
Hannibal,  and  other  famous  warriors  of  antiquity. 

His  mother  soon  discovered  that  his  knowledge  of  ancient 
history  was  of  no  particular  advantage  to  the  cultivation  of 
the  farm,  so  she  determined  to  give  him  a  good  education, 
and  sent  him  to  Forest  Hill  Academy,  in  Marion  County, 
Kentucky,  then  under  the  superintendence  of  Samuel  Wil- 
son, Esq.,  a  fine  scholar  and  linguist;  and  at  this  institution 
he  acquired  a  thorough  knowledge  of  Latin,  and  in  fact  be- 
came very  well  versed  in  the  classics.  Through  life  he  could 
read  Latin  with  as  much  fluency  as  his  own  language,  and 
his  knowledge  of  ancient  history  was  wonderful. 

To  show  his  gratitude  to  his  mother  fcrr  affording  him 
these  advantages,  he  applied  himself  to  the  education  of 
his  younger  brothers  and  sisters ;  and,  to  enable  him  to 
do  so  to  advantage,  opened  a  school,  and  at  one  time 
had  as  many  as  120  scholars,  among  whom  was  that  ac- 
complished scholar  and  orator.  Major  James  S.  Rollins,  of 
Columbia,  Missouri.  In  after-life,  when  both  became  dis- 
tinguished, the  judge,  in  the  presence  of  his  pupil  and  sev- 
eral friends,  remarked  in  a  jocular  way  that  the  first  letter 
the  major  learned  was  the  letter  I,  and  it  would  be  the  last 
he  would  forget. 

Judge  Ryland  read  law  in  Kentucky  with  Judge  Hardin, 
and  although  he  obtained  a  license  to  practice  in  that  state, 
did  not  enter  upon  his  profession  until  he  came  to  Missouri, 
in  1 8 19.  He  settled  in  old  Franklin,  Howard  County,  and 
traveled  the  circuit  with  Todd,  Leonard,  Gamble,  et  al.,  and 
in  our  sketch  of  Peyton  R.  Hayden  is  mentioned  as  one  of 
the  chief  conspirators  in  the  plot  to  rob  Judge  David  Todd 
of  the  affections  of  the  buxom  widow. 

Judge  Ryland  soon  obtained  a  lucrative  practice,  which 
continued  until  1830,  when  he  was  appointed  judge  of  the 
Sixth  Judicial  Circuit,  a  position  he  held  for  eighteen  con- 


JOHN  F.  KYLAND.  273 

secutiv^e  years,  proving  himself  one  of  the  ablest  nisi-priiis 
judges  that  ever  graced  the  bench  of  Missouri.  Upon  his 
appointment  he  moved  to  Lexington,  in  Lafayette  County, 
which  continued  to  be  his  residence  throughout  life. 

In  1848  he  was  appointed  judge  of  the  Supreme  Court 
which  position  he  held  till  1857,  when  he  returned  to  the 
practice,  which  he  continued  until  his  death,  on  September 
10,  1873.  In  1866  he  was  induced  to  take  a  seat  in  the  Leg- 
islature, but  the  incessant  party  wrangling  and  strife  which 
usually  prevails  in  a  body  of  that  kind  proved  very  distaste- 
ful to  him,  and  after  serving  one  session  he  returned  to  Lex- 
ington, with  a  determination  never  again  to  engage  in  legis- 
lation. 

Judge  Ryland  was  excessively  fond  of  the  law,  but  his 
kind  heart  and  pacific  disposition  often  led  him  to  discourage 
suits  which  in  his  opinion  were  calculated  to  engender  strife 
and  bad  feeling  among  neighbors  and  in  families. 

We  give  one  instance,  which  is  only  one  in  a  hundred  : 
A  man  belonging  to  an  influential  family  called  upon  him  to 
institute  a  suit  against  a  brother  for  slander.  The  judge 
listened  attentively  to  his  complaint,  and  then  told  him  to 
go  home  and  fall  on  his  knees  three  times  a  day  for  a 
week,  and  pray  to  God  to  forgive  him  for  harboring  so 
unkind  a  feeling  for  his  brother;  and  if  at  the  end  of  that 
time  he  was  still  determined  to  institute  the  suit,  to  return  to 
him,  and  they  would  consult  further  about  it.  The  man 
looked  at  him  with  amazement,  and  remarked,  "  That  is 
strange  counsel  for  a  lawyer  to  give."  "  Yes  "  said  the  judge, 
"but  it  is  the  best  I  can  now  give  you."  Before  the  expira- 
tion of  the  week  the  man  returned,  and  told  the  judge  that 
he  had  concluded  not  to  bring  the  suit. 

He  was  often  called  upon  to  settle  disputes  among  neigh- 
bors, and  was  often  heard  to  say  that  he  would  rather  give 
^100  out  of  his  own  pocket  to  avoid  a  suit  between  neighbors 
than  to  gain  $500  by  the  prosecution  of  one. 

Such  was  the  confidence  reposed  in  his  high  appreciation 
of  what  was  just   and   fair   between    parties  that,  when  any 
matter  of  difference  was  referred  to  him,  all  acquiesced  in  his 
18 


2/4  BENCH  AND  BAR   OF  MISSOURI. 

decision  as  the  only   fair  and  proper  solution  of  the  diffi- 
culty. 

When  the  Rebellion  broke  out,  he  did  not  hesitate  to  side 
with  the  Union  ;  but,  anxious  to  adopt  any  plan  that  would 
arrest  the  threatened  calamity,  he  advocated  the  "  Critten- 
den Compromise."  He  regarded  the  war  as  a  great  national 
calamity,  and  could  hardly  speak  of  it  without  evincing  a 
deep,  heartfelt  distress.  It  no  doubt  shortened  his  life  by 
many  years.  In  one  of  his  law-books  was  found,  after  his 
death,  in  his  own  handwriting  and  signed  by  him,  the  fol- 
lowing paper : 

''War,  always  corrupting  to  republics;  may  our  country  from  henceforth 
forever,  with  honor,  escape  its  horrors  —  especially  the  horrors  of  civil  war." 

In  politics  the  judge  was  a  Democrat,  but  always  mani- 
fested a  proper  respect  for  the  opinions  of  others.  We  have 
on  several  occasions  heard  him  say  "  that  it  was  necessary, 
under  our  form  of  government,  that  there  should  be  at  least 
two  great  political  parties — one  to  watch  the  other." 

He  was  a  member  of  the  Old  School  Presbyterian  Church, 
and  died  in  the  full  faith  of  a  glorious  resurrection.  He  was 
an  honored  member  of  the  Masonic  fraternity,  and  filled  the 
position  of  grand  master  of  the  Grand  Lodge  of  Missouri  for 
two  years. 

Judge  Ryland  was  one  of  the  finest  historians  of  his  day, 
and  took  great  delight  in  rehearsing  his  early  recollection  of 
Kentucky  and  Missouri.  In  speaking  of  the  rapid  growth 
of  St.  Louis,  he  once  remarked  that  while  on  a  visit  to  the 
city,  in  1825,  he  was  riding  out  one  afternoon  on  a  fine  horse, 
and  halting  on  Third  Street,  not  fiir  from  the  location  of  the 
old  City  Hotel,  an  acquaintance  accosted  him,  and  said,  "  I 
will  give  you  forty  arpents  of  land  (mentioning  the  tract)  for 
your  horse."  Ryland,  remembering  his  family  far  away  up 
the  Missouri  River,  and  that  his  only  means  of  reaching  them 
was  by  the  faithful  animal  thus  coveted,  replied,  "  I  would 
not  trade  my  horse  for  your  whole  town."  The  land  offered 
is  now  in  the  heart  of  the  city,  and  worth  many  millions  of 
dollars. 


JOHN  F.  RYLAND.  275 

Judge  Ryland  lived  a  good  portion  of  his  life  upon  a  farm, 
but  he  could  not  be  called  a  successful  farmer,  for,  like  Ed- 
ward Bates,  he  often  said  that  it  took  all  that  lawyer  Ryland 
could  make  to  support  farmer  Ryland.  He  was  married 
twice  ;  raised  a  large  family  of  children,  twelve  of  whom  are 
still  living.     Three  of  his  sons  are  practicing  lawyers. 

Judge  Ryland  was  a  man  of  a  very  high  sense  of  honor, 
and  of  the  most  noble  and  generous  impulses.  He  could 
not  pass  a  beggar  on  the  street  without  giving  him  some- 
thing. His  heart  was  always  bleeding  for  the  troubles  and 
tribulations  of  others,  and  his  innumerable  charities,  added 
to  the  expenses  of  a  large  family,  kept  him  poor  through 
life.  The  kindness  of  his  heart  extended  even  to  animals, 
for  he  could  scarcely  ever  be  induced  to  sell  a  horse  or  cow 
for  fear  they  might  fall  into  the  hands  of  some  one  who 
would  not  bestow  upon  them  the  kind  treatment  they  were 
accustomed  to. 

It  is  no  easy  task  to  estimate  the  value  of  sucli  a  life  as 
Judge  Ryland's.  Twenty-seven  years  on  the  bench,  actively 
engaged  in  administering  the  law,  without  a  murmur  of  com- 
plaint from  any  source,  speaks  louder  in  his  praise  than  any 
language  we  can  employ.  His  death  created  a  profound 
sensation  throughout  the  state,  for  no  man  was  better  known, 
and  none  more  universally  reverenced. 

When  we  saw  him  last  he  had  reached  an  age  which  few 
of  us  can  hope  to  attain,  yet  his  mind  continued  active  and 
vigorous.     The  loss  of  such  a  man  is  a  public  calamity. 

The  first  opinion  delivered  from  the  supreme  bench  by 
Judge  Ryland  was  in  case  of  Bryan  et  al.  vs.  Steamboat 
Pride  of  the  West,  reported  in  12th  Missouri  Reports,  page 
371,  in  which  it  was  held  that,  under  the  statutes  of  this 
state  concerning  boats  and  vessels,  no  lien  attaches  upon  a 
boat  for  money  borrowed  by  the  master  to  pay  the  debts  of 
the  boat.  The  case,  which  was  argued  by  Mr.  Geyer  for 
appellant,  and  Gamble  and  Bates  for  appellee,  involved  an 
important  question,  and  drew  from  Judge  Ryland  quite  an 
elaborate  opinion. 

The  duty  of  writing  the  opinions  of  the  court   in  criminal 


2/6  BENCH  AND  BAR   OF  MISSOURI. 

cases,  particularly  when  life  was  at  stake,  was  generally  im- 
posed upon  him,  for  the  reason  that  he  was  an  adept  in 
criminal  law,  and  had  given  that  branch  of  the  profession 
more  time  than  his  associate  judges.  His  opinions,  however, 
in  capital  cases  are  liable  to  much  criticism  by  reason  of 
their  prolixity  —  an  error  to  be  attributed  to  his  anxiety  to 
justify  himself  in  pronouncing  the  sentence  of  death. 

Take,  for  example,  the  case  of  The  State  vs.  Worrel,  re- 
ported in  25th  Missouri  Reports,  in  which  we  prosecuted  for 
the  state,  and  obtained  a  conviction  of  murder  in  the  first 
degree.  Major  Uriel  Wright,  who  appeared  for  the  defense, 
took  an  appeal  to  the  Supreme  Court,  and  relied  for  a  re- 
versal upon  two  supposed  errors  of  the  court  below,  one  of 
which  related  to  the  qualification  of  a  juror,  and  the  other  to 
the  overruling  of  a  motion  for  a  continuance  —  neither 
having  any  relation  to  the  merits  of  the  case.  Yet  the  judge 
embodied  in  his  opinion  all  the  evidence  taken,  consuming 
upwards  of  forty  pages  of  the  volume  of  the  Reports.  It  is 
patent  to  any  one  who  will  read  the  decision  that  his  object 
was  to  show  the  enormity  of  the  offense  committed,  for  it 
was  one  of  the  most  aggravated  cases  of  cold-blooded  mur- 
der that  the  annals  of  crime  furnish. 


The  Bartons. 

These  brothers  obtained  an  enviable  distinction  at  the  St. 
Louis  bar,  even  prior  to  our  admission  into  the  Union  as  a 
state.  They  were  born  in  Green  County,  Tennessee,  of  poor 
but  respectable  parentage,  and  with  very  limited  educational 
means.  As  neither  of  them  ever  married,  they  left  no  one  to 
inherit  their  names  or  impart  any  information  respecting  the 
time  of  their  birth,  or  to  give  any  incidents  of  their  boyhood. 
They  came  into  our  territory  at  an  early  period,  and  David, 
the  senior  of  his  brother,  was  an  Indian  ranger  in  the  War  of 
1812.  Joshua  studied  law  in  the  office  of  Rufus  Easton,  but 
we  are  unable  to  give  the  time  when  either  was  admitted  to 
the  bar. 

Colonel  Easton  predicted  that  David  would  make  his  mark 
in  the  field  of  oratory.  This  prediction  was  soon  verified, 
for  he  became  so  noted  as  a  forensic  speaker  that  his  party 
almost  by  acclamation  elected  him  as  the  first  senator  from 
Missouri.  He  was  then  the  most  popular  man  in  the  state. 
Colonel  Benton  was  elected  as  his  colleague,  but  by  a  major- 
ity of  only  one  vote.  Prior  to  Mr.  Barton's  elevation  to  the 
Senate  he  was  chosen  a  delegate  to  the  State  Convention 
called  to  frame  a  constitution  preparatory  to  our  admission  as 
a  state.  The  Convention  met  in  1820,  and  Mr.  Barton  was 
selected  as  the  presiding  officer. 

His  fame  as  a  debater  preceded  him  to  Washington,  and 
the  first  speech  he  made  in  the  Senate  attracted  universal 
attention.  It  was  during  the  delivery  of  this  speech  that  he 
acquired  the  name  of  "Little  Red."  A  man  in  the  gallery, 
who  was  known  as  a  sportsman  and  chicken-fighter,  became 
so  elated  by  his  eloquence  that  he  cried  out  at  the  top  of  his 
voice,  "  Go  it,  my  little  red !  "  From  that  day  he  was  scarcely 
known  among  his  friends  by  any  other  name,  and  through 
life  he  exhibited,  himself,  a  partiality  for  it. 

He  was  a  small  man,  of  low  stature,  with  broad  shoulders 


2/8  BENCH  AND  BAR   OF  MISSOURI. 

and  high  forehead,  and  an  intellectual  cast  of  countenance. 
For  a  man  of  his  defective  education,  he  had  a  good  com- 
mand of  language,  but  what  gave  liim  his  chief  reputation  as 
an  orator  was  his  sarcasm,  invective,  and  wit.  When  he  chose 
to  employ  these  against  an  adversary,  he  was  terrific  and 
overpowering.  In  logic  and  deep  thought,  and  in  general 
information,  his  colleague  far  excelled  him,  but  was  his 
inferior  in  imagery,  pathos,  and  vehement  declamation. 

Joshua,  though  far  less  eloquent,  was  more  profound  in  the 
law,  and  more  of  a  logician.  Mr.  Bates  frequently  expressed 
the  opinion  that  Joshua  Barton  had  the  best  legal  mind  at 
the  St.  Louis  bar,  and  he  was  not  alone  in  that  opinion. 

David  Barton  served  ten  years  in  the  Senate,  and  then  be- 
came a  candidate  for  the  House  of  Representatives,  and  was 
defeated  by  Spencer  Pettis.  He  was  supported  by  the  old 
Adams  party,  in  consideration  of  the  support  he  gave  Mr. 
Adams  in  his  contest  for  the  presidency,  against  General 
Jackson,  in  the  House  of  Representatives  in  1825.  Though 
elected  to  the  Senate  as  a  Democrat,  he  urged  John  Scott, 
who  was  the  sole  representative  from  Missouri,  to  cast  the  vote 
of  the  state  for  Mr.  Adams.  Colonel  Benton  strongly  advo- 
cated the  election  of  Jackson,  and  this  brought  about  an 
estrangement  between  the  two  senators.  A  letter  upon  this 
subject,  written  by  Mr.  Barton  shortly  after  the  election,  will 
be  found  in  the  Appendix.  Neither  Scott  nor  Barton  were 
ever  able  to  reinstate  themselves  in  public  favor,  and  both 
were  forced  to  retire  from  public  life.  Mr.  Barton,  however, 
served  in  the  State  Senate  for  a  short  period,  about  1834-5. 

We  have  omitted  to  state  that  David  Barton  at  one  time 
was  judge  of  the  Circuit  Court,  but  resigned  in  December, 
1817.  He  never  made  much  reputation  as  a  jurist.  During 
most  of  his  public  life  he  was  very  intemperate.  He  died 
near  Boonville,  in  Cooper  County,  in  September,  1837. 

For  a  short  time  after  the  state  government  was  formed, 
Joshua  Barton  was  secretary  of  state,  and  resigned  the  office 
to  accept  the  appointment  of  United  States  district  attorney. 
On  June  30,  1823,  he  was  killed  in  a  duel  on  Bloody  Island, 
by  Thomas  C.  Rector. 

William  Rector,  brother  of  Thomas,  was  at  the  time  sur- 


THE  BARTONS.  279 

veyor-general  of  Illinois,  Missouri,  and  Arkansas,  and  while 
absent  in  Washington  City,  on  official  business,  an  anony- 
mous communication  appeared  in  the  Missoiiri  Republican, 
charging  him  with  corruption  in  office.  Thomas  C.  called  on 
the  editor  for  the  name  of  the  author,  and  was  informed  that 
it  was  Joshua  Barton,  and  he  promptly  challenged  him. 
They  met  late  in  the  afternoon,  and  fought  with  pistols,  at 
ten  paces.  Barton  fell  at  the  first  fire,  and  immediately 
expired.      He  was  shot  through  the  heart. 

Many  anecdotes  are  told  of  David  Barton,  but  a  few  must 
suffice.  Upon  one  occasion  he  was  arguing  a  question  of 
law  before  the  Supreme  Court,  when  Judge  Tompkins  inter- 
posed with,  "  Stop,  Mr.  Barton.  Do  you  call  that  law  ?  " 
''No,  may  it  please  your  honor,"  replied  Mr.  Barton,  respect- 
fully bowing,  "  but  I  did  not  know  but  that  the  cow't  zvould 
take  it  for  lazv." 

Mr.  Barton  esteemed  men  for  their  own,  not  their  ances- 
tral, merits.  Once,  at  a  public  table  in  old  Franklin,  Judge 
,  of  Virginia,  was  fluently  exhibiting  his  pride  of  ances- 
try as  only  a  Virginian  can,  when  Mr.  Barton,  who  sat 
some  distance  off,  turned  to  an  acquaintance  opposite,  and, 
addressing  him  in  a  tone  loud  enough  to  be  heard  by  all, 
said  :  "  W,,  do  you  know  my  horse  Pomp  ?  "  "  Oh,  yes," 
replied  W.  "Well,  sir,"  continued  Mr.  Barton,  imitating 
the  judge's  peculiar  tone  and  manner,  "he  is  the  finest  horse 
in  the  United  States.  I  have  tried  him  under  the  saddle, 
and  I  have  tried  him  in  the  carriage  ;  I  have  tried  him  in  the 
plow,  and  I  have  tried  him  in  the  wagon ;  and  in  none  of 
these  places  is  he  worth  a  d — n  !  But  he  is  the  finest  horse 
in  the  United  States.  Jt  is  in  tJie  blood,  sir ;  it  is  all  in  the 
blood  !  " 

Mr.  Barton  was  by  no  means  tidy  in  dress,  and  when 
visiting  among  friends,  carried  with  him  no  clothing — not 
even  a  change  of  shirt.  On  one  occasion,  in  Boone  County, 
a  friend  with  whom  he  was  stopping  brought  him  a  clean 
shirt,  which  he  took  into  an  adjoining  room  to  put  on.  The 
garment  had  a  cotton  body  and  a  linen  bosom,  and  this 
struck  Mr.  Barton's  sense  of  propriety.     He  at  first  hesitated 


28o  BENCH  AND  BAR   OF  MISSOURI. 

about  putting  it  on  at  all,  but  then  concluded  to  put  it  on  back 
in  front.  Having  effected  the  change,  he  came  out  adjusting 
the  collar,  and  said,  ''Look  here,  S.,  tliis  shirt  is  a  d — d  fraud, 
and  I  don't  mean  to  be  a  party  to  it !  " 

Judge  Barton,  while  on  the  bench,  lived  at  old  Franklin, 
and  held  one  of  his  courts  there.  In  the  same  place  lived  an 
old  magistrate  by  the  name  of  Cole,  for  whom  Cole  County 
was  named.  Esquire  Cole  was  a  great  admirer  of  Judge  Bar- 
ton. Upon  one  occasion,  while  the  judge  was  holding  his 
court  in  an  old  log  house,  it  was  raining  very  hard  and  the 
roof  leaked,  and  the  rain  came  dripping  down  upon  the  judge. 
Esquire  Cole  saw  it,  and  climbed  up  in  the  loft  and  attempted 
to  turn  the  leak.  In  doing  so  a  board  dropped  from  his  hand, 
and  he  commenced  swearing.  The  judge  directed  the  clerk 
to  enter  a  fine  of  ^i  against  Esquire  Cole  for  contempt  of 
court  in  swearing  in  his  presence.  This  offended  the  esquire 
very  much,  and  a  few  days  afterwards  the  judge  was  passing 
the  house  where  the  esquire  was  holding  his  court.  Cole 
called  him  in,  saying,  "  I  want  to  tell  you  how  I  have  de- 
cided a  case,  and  I  want  your  opinion  upon  it,"  stating  the 
case.  Judge  Barton  replied,  "  You  are  a  d — d  fool."  "  I  fine 
you  $5,  Judge  Barton,  for  swearing  in  my  court,"  said  Esquire 
Cole.  The  judge  laughed,  and  acknowledged  the  hit,  and 
their  friendship  was  renewed. 


Joseph  B.  Wells, 

Brother  of  Judge  Carty  Wells,  was  a  native  of  Virginia, 
and  born  in  Prince  William  County,  September  lo,  1806. 
In  1 8 10  his  father  moved  to  Shelby  County,  Kentucky, 
where  Joseph  received  a  good  English  education.  In  the 
fall  of  1827  the  family  removed  to  St.  Charles  County,  Mis- 
souri ;  but  in  1833  or  1834  Joseph  went  to  Warren  County, 
and  entered  as  an  assistant  or  deput}'  in  the  office  of  his 
brother,  who  was  then  clerk  of  the  Circuit  Court  of  that 
county,  and,  c.v  officio,  clerk  of  the  County  Court.  Upon  the 
resignation  of  his  brother,  Joseph  succeeded  him  in  both 
offices.  While  with  his  brother  he  studied  law,  and  after 
holding  the  office  of  clerk  of  the  court  for  a  short  time, 
resigned,  and  entered  upon  the  practice  of  the  law  in  War- 
renton,  and  continued  to  practice  in  that  circuit  until  1845  or 
1846,  when  he  removed  to  St.  Louis,  and  became  the  law- 
partner  of  William  M.  Campbell;  but,  before  leaving  War- 
renton,  represented  Warren  County  in  the  Legislature. 
Upon  the  death  of  Mr.  Campbell,  in  1849,  Mr.  Wells  made 
a  partnership  with  Judge  Buckner,  but  his  health  began 
to  fail,  and  he  was  advised  by  his  physican  to  try  a  change 
of  climate,  and  in  1851  he  left  St.  Louis  and  went  to  San 
Francisco,  California,  and  became  the  law-partner  of  J.  B. 
Crockett,  who  is  now,  and  has  been  for  many  years  past,  a 
judge  of  the  Supreme  Court  of  that  state. 

Upon  the  dissolution  of  the  firm,  Mr,  Wells  and  Henry  H. 
Haight,  afterwards  Governor  of  California,  formed  a  partner- 
ship, and  practiced  together  until  the  health  of  Mr.  Wells 
became  so  feeble  that  he  was  forced  to  relinquish  the  prac- 
tice altogether.  He  then  commenced  traveling;  came  to 
Missouri,  and,  while  visiting  his  relatives  in  Troy,  died  on 
December  31,  1858,  at  the  age  of  fifty-two. 

We  were   well  acquainted   with   Mr.  Wells,  and  formed  a 


282  BENCH  AND  BAR   OF  MISSOURI. 

very  favorable  opinion  of  liiui  as  a  lawyer.  He  was  in- 
dustrious, energetic,  and  persevering,  and  an  ardent  student. 
After  his  admission  to  the  bar  he  applied  himself  more 
closely  to  his  studies  than  l^efore,  and  became  a  well-read 
lawyer.  He  was  also  quite  successful,  for  he  studied  his 
cases  thoroughly,  and  was  scarcely  ever  forced  into  a  trial 
unprepared.  His  clients  reposed  the  utmost  confidence  in 
him,  as  they  had  good  reason  to  do,  for  he  was  true  and 
faithful  to  them.  Mr.  Wells  was  a  vigorous,  fluent,  and 
earnest  speaker,  and  presented  the  facts  of  his  case  to  a  jury 
in  as  forcible  a  light  as  they  would  admit  of.  As  an  advocate 
we  thought  him  too  excitable,  but  no  interruption  threw  him 
off  his  guard,  nor  did  the  weakness  of  his  case  draw  from 
him  any  appearance  of  a  want  of  confidence  in  tlie  result. 
He  had  many  of  the  elements  of  a  good  lawyer,  and  if  his 
physical  ability  had  been  equal  to  his  mental,  he  would  have 
made  a  fine  reputation.  As  a  member  of  the  Legislature  he 
rendered  good  service  on  several  important  committees,  and 
when  on  the  floor  was  listened  to  with  interest ;  for,  though  a 
decided  party  man,  he  never  indulged  in  the  abuse  of  his 
opponents,  nor  did  he  make  any  factious  opposition  to 
measures  of  a  local  character. 

Mr.  Wells  was  a  man  of  very  feeble  constitution,  and 
through  life  was  battling  against  pulmonary  consumption,  to 
which  disease  he  finally  succumbed.     He  never  married. 


JOHN    W.    NOELL. 

Among  the  law}'ers  from  south-east  Missouri  whom  we 
often  met  in  the  Law  Library  of  St.  Louis,  during  the  ses- 
sions of  the  Supreme  Court,  was  General  Noell,  who  prac- 
ticed in  Perry  and  in  the  adjoining  counties,  and  whose  resi- 
dence was  at  Perryville.  He  came  to  St.  Louis  at  each  ses- 
sion of  the  Supreme  Court,  to  prepare  his  briefs  and  argue 
his  cases. 

There  is  no  place  in  St.  Louis  in  which  lawyers  congre- 
gate in  larger  numbers  than  in  the  room  occupied  as  a 
law  library,  for,  although  it  is  a  private  institution,  and  sup- 
ported by  a  semi-annual  tax  imposed  on  its  members,  yet, 
by  courtesy,  attorneys  from  other  parts  of  the  state  have  the 
privilege  of  the  books,  and  this  brings  them  in  contact  with 
the  local  bar. 

General  Noell  made  good  use  of  it,  and  hence,  while  in  the 
city,  we  met  him  almost  daily,  and  found  him  a  genial  and 
social  gentleman. 

He  was  born  in  Bedford  County,  Virginia,  February  22, 
i8i6,  and  received  a  very  limited  education,  such  only  as  he 
could  obtain  in  the  "  old-field  "  schools  of  that  state.  At  the 
age  of  seventeen  he  came  with  his  father  to  south-east  Mis- 
souri, and  settled  in  Perry  County.  At  that  time  it  had  not 
entered  his  head  to  study  law,  for,  on  approaching  his  ma- 
jority, he  married,  and  followed  various  pursuits,  such  as 
milling,  store-keeping,  etc.,  in  all  of  which  he  failed  ;  and  at 
the  age  of  twenty-five,  through  the  urgent  solicitations  of  his 
wife,  whose  good  sense  enabled  her  to  see  in  him  the  ele- 
ments of  professional  success,  studied  law.  Li  the  following 
year  he  was  appointed  clerk  of  the  Perry  County  Circuit 
Court,  which  office  he  held  until  1850,  when  he  was  elected 
to  the  State  Senate.     The  proceedings  of  the  Legislature  of 


284  BENCH  AND  BAR   OF  MISSOURI. 

that  period  show  that  he  took  an  active  part  in  the  principal 
debates,  and  was  placed  on  some  of  the  most  important  com- 
mittees.    He  served  a  full  term  of  four  years. 

In  1858  he  was  elected  to  Congress  from  his  district,  and 
reelected  for  two  successive  terms,  and  died,  in  Washington 
City,  on   March    14,  1863,  before  the  expiration  of  his  term. 

In  1850  the  Native  American  party  obtained  the  ascend- 
ency in  many  parts  of  Missouri,  but  Mr.  Noell  opposed  it 
with  great  vehemence,  and  addressed  the  people  in  most  of 
the  south-eastern  counties;  and  the  canvass  he  made  on  that 
occasion  gave  him  an  introduction  to  the  people,  and  a  good 
reputation  as  a  stump-speaker,  and  it  is  not  improbable  that 
it  paved  his  way  to  a  seat  in  Congress. 

General  Noell  made  no  particular  reputation  in  Congress, 
but  was  a  fair  member,  and  very  attentive  to  the  interests  of 
his  constituents,  which  they  fully  appreciated  by  the  cordial 
support  they  gave  him. 

When  the  Rebellion  broke  out  he  took  a  firm  and  decided 
stand  for  the  Union,  and  supported  all  the  measures  of  the 
Administration  tending  to  preserve  the  unity  of  the  states. 
Though  a  strong  Democrat,  he  knew  of  no  party  obligation 
that  required  him  to  stand  in  hostility  to  Mr.  Lincoln's 
Administration  in  its  efforts  to  preserve  the  integrity  of  the 
country.  He  knew  no  parties  but  the  Union  and  anti-Union, 
and,  though  he  had  always  lived  in  a  slave  state,  arrayed 
himself  on  the  side  of  his  government. 

We  heard  him  make  several  oral  arguments  in  the 
Supreme  Court,  and  upon  each  occasion  was  impressed  with 
the  clearness  of  his  mind,  and  his  thorough  knowledge  of 
his  case.  He  had  a  clear,  distinct  enunciation,  and,  though 
never  eloquent,  was  impressive  and  logical.  He  excelled 
chiefly  as  a  criminal  lawyer,  and  in  that  sphere  was  greatly 
aided  by  his  knowledge  of  men;  for  he  mingled  freely  with 
the  people,  and  showed  great  shrewdness  in  impaneling  a 
jury. 

General  Noell  was  full  of  human  sympathy,  exhibited  a 
tender  regard  for  the  sufferings  of  his  fellow-man,  and  kept 


JOHN   W.  NO  ELL.  285 

his  purse  open  to  the  poor  and  indigent.  It  is  not  strange, 
therefore,  that  his  popularity  was  so  great  with  the  masses. 
As  a  tribute  to  his  memory,  they  selected  his  son  to  succeed 
him  in  Congress. 

General  Noell  was  a  tall,  spare-made  man,  plain  in  his 
dress,  and  unostentatious  in  his  manners.  A  stranger  could 
approach  him  with  an  assurance  of  a  kind  reception. 


THOMAS    E.   NOELL, 

Son  of  John  W.  Noell,  and  to  whose  seat  in  Congress  he  suc- 
ceeded, was  born  in  Perry  County,  Missouri,  on  April  3, 
1839,  and  received  a  good  EngHsh  education  at  St.  Mar3^'s 
Seminary,  an  institution  of  learning  in  Perry  County. 

Intending  to  follow  the  profession  of  his  father,  he  entered 
the  hitter's  office  as  a  student,  and  in  due  time  was  admitted 
to  the  bar,  and  settled  in  Dubuque,  Iowa,  expecting  to  make 
that  his  permanent  home.  He  was  induced  to  remove  there 
by  the  urgent  solicitation  of  some  relations  w  ho  resided  in 
Dubuque,  and  thought  it  a  more  desirable  location  for  an 
attorney  than  Perryville.  But  the  rigorous  dim  ite  of  Iowa 
was  illy  adapted  to  his  constitution,  and  before  he  had  been 
there  a  year  he  was  attacked  with  bronchitis,  a  disease  preva- 
lent in  his  fiimil}',  and  he  was  advised  b}-  his  physician  to 
seek  a  milder  climate.  He  therefore  returned  to  Missouri, 
formed  a  partnership  with  his  father,  and  upon  the  latter's 
entering  Congress  took  charge  of  almost  the  entire  business 
of  the  firm.  He  applied  himself  closely  to  the  practice  until 
the  outbreak  of  the  Rebellion,  when  he  enlisted  in  the  state 
militia,  and  was  appointed  major  of  one  of  the  regiments; 
but  was  shortly  after  commissioned  as  captain  in  the  regular 
army,  and  joined  the  Nineteenth  Indiana  Infantry. 

In  1863,  after  the  death  of  his  father,  he  returned  to  Mis- 
souri and  discharged  the  duties  of  a  mustering  and  disbursing 
officer,  and  continued  to  do  so  until  1864,  when  he  was 
elected  to  Congress  from  the  same  district  which  his  father 
had  represented.  Ii^  1866  he  was  reelected,  but  died  before 
the  expiration  of  his  term  —  a  strange  coincidence,  that  one 
should  succeed  the  other,  and  both  die  in  their  congressional 
harness.  His  death  occurred  at  the  Sisters'  Hospital  in  St. 
Louis,  on  October  3,  lS:g,  in  the  thirty-first  year  of  his  age. 
The   death  of  Mr.  Noell   was   one  of  those    sad  events   that 


THOMAS  E.  NOELL.  28/ 

often  make  us  wonder,  if  not  murmur,  at  the  decrees  of 
Providence. 

Upon  the  death  of  his  father  he  became  the  sole  support 
of  a  doting  mother,  a  fond  sister,  and  three  httle  brothers, 
and  devoted  his  entire  Hfe  to  promote  their  welfare  and  hap- 
piness. His  deep  devotion  and  self-sacrificing  disposition 
caused  him  to  endure  many  privations  that  he  might  be  able 
to  administer  to  their  wants  and  comfort.  Why,  then,  should 
he  be  called  away  in  the  morning  of  life,  and  in  the  midst  of 
his  usefulness?  God  no  doubt  does  what  is  best  for  us,  but 
our  weak  and  feeble  intellect  cannot  always  comprehend  the 
wisdom  of  His  decrees. 

The  personal  characteristics  of  Mr.  Noell  were  much  like 
those  of  his  father.  He  had  the  same  kindness  of  heart 
and  s>'mpathetic  feeling,  and  exhibited  the  same  readiness 
to  assist  the  poor  and  unprotected.  He  would  rather  give 
than  receive,  administer  than  be  administered  unto.  He  was 
a  stranger  to  selfishness  and  deceit. 

We  never  saw  him  at  the  bar,  but  those  who  practiced  in 
the  same  circuit  speak  well  of  his  legal  abilities,  and  his  faith- 
fulness to  his  clients. 

"  Men  appear  upon,  and  disappear  from,  the  stage  of  life,  as  wave  meets  wave 
and  parts  upon  tlie  troubled  waters." 


Hamilton  R.  Gamble. 

We  now  invite  the  attention  of  our  readers  to  a  brief 
sketch  of  the  career  of  one  of  the  most  distinguished  lawyers 
of  the  West,  and  who,  in  the  opinion  of  many,  stood  at  the 
head  of  the  Missouri  bar. 

Hamilton  Rowan  Gamble,  late  provisional  governor  of  the 
state,  was  born  in  Winchester  County,  Virginia,  November 
29,  1798,  and  was  of  Irish  descent,  his  grandfather  having 
emigrated  from  Ireland  to  Pennsylvania  in  1753. 

His  education  was  chiefly  obtained  in  Hampden  Sidney 
College,  Prince  Edward  County,  Virginia,  and  we  presume 
was  liberal,  and  to  some  extent  classical.  He  must  have 
commenced  the  study  of  the  law  at  a  very  early  period,  for 
he  was  admitted  to  the  bar  in  three  states  before  reaching  his 
majority. 

He  first  contemplated  settling  in  Tennessee,  and  for  several 
months  had  a  law-office  in  that  state,  but  soon  determined  to 
come  further  west,  and  in  1818  came  to  St.  Louis;  but,  find- 
ing the  prospect  for  a  practice  there  not  very  favorable,  he  re- 
moved to  old  Franklin,  in  Howard  County,  which  was  then 
one  of  the  most  attractive  points  in  the  territory  of  Missouri. 
At  that  time  Howard  and  St.  Charles  were  the  only  organized 
counties  north  of  the  Missouri  River,  and  each  larger  in  ter- 
ritory than  some  of  the  New  England  states.  Shortly  after 
locating  in  Howard  he  was  appointed  prosecuting  attorney. 
And  when  we  reflect  that  the  duties  of  his  office  required 
him  to  travel  on  horseback  thousands  of  miles  every  year, 
without  access  to  any  law-books  except  such  as  he  could 
carry  in  his  saddle-bags,  we  may  well  estimate  the  amount 
of  labor  he  must  have  performed,  and  the  difficulties  attached 
to  his  office. 

It  was  while  residing  in  old  Franklin  that  he  contracted 
dissipated  habits,  and  his  friends  had  good  reason  to  appre- 


HAMILTON  R.   GAMBLE.  289 

hend  that  he  had  become  a  confirmed  drunkard.  A  some- 
what favorable  change  must  have  soon  taken  place,  for  in 
1824  Governor  Bates  appointed  him  secretary  of  state,  which 
rendered  it  necessary  for  him  to  remove  to  St.  Charles,  then 
the  seat  of  government.  The  death  of  Governor  Bates,  soon 
after,  induced  Mr.  Gamble  to  settle  in  St.  Louis,  which  city 
became  his  future  residence  for  life,  and  there,  at  a  bar  con- 
sisting of  such  men  as  Geyer,  Bates,  Benton,  McGirk,  Barton, 
Lawless,  and  others,  he  soon  took  the  highest  rank,  and 
maintained  it  till  his  death. 

In  1827  he  married  Miss  Coalter,  of  South  Carolina,  one  of 
several  sisters,  all  of  whom  were  united  in  marriage  to  men 
of  distinction.  There  is  a  piece  of  romance  connected  with 
this  marriage  which  does  not  seem  to  be  well  authenticated, 
and  for  which  we  do  not  pretend  to  vouch,  but,  as  it  received 
credence  with  a  large  number  of  the  friends  of  all  parties 
concerned,  we  give  it  for  what  it  is  worth  ;  for,  if  true,  it 
evinces  on  the  part  of  Edward  Bates  a  disinterested  friendship 
which  does  the  highest  honor  to  his  head  and  heart.  It  is  said 
that  Mr.  Bates  fell  deeply  in  love  with  Miss  Coalter,  and 
offered  her  his  hand,  which  she,  with  due  consideration  for  his 
feelings,  declined.  Mr.  Bates  was  a  fine-looking  man,  and 
one  of  the  most  promising  young  lawyers  at  the  bar,  and  con- 
sidered an  excellent  match  for  any  lady;  and,  being  some- 
what surprised  at  the  refusal,  pressed  Miss  Coalter  for  her 
reason.  Her  high  appreciation  of  Mr.  Bates  led  her  to  dis- 
close to  him  in  confidence  the  fact  that  Hamilton  R.  Gamble 
already  had  her  heart,  and  that  she  only  withheld  from  him 
her  hand  because  of  his  dissipated  habits.  Mr.  Bates,  with  a 
magnanimity  that  characterized  him  through  life,  imme- 
diately sought  an  interview  with  Mr.  Gamble,  and  frankly 
told  him  what  had  passed  between  him  and  Miss  Coalter, 
and  insisted  upon  it  that  he  should  from  that  day  make  a 
solemn  pledge  never  to  taste  another  drop  of  ardent  spirits; 
which  pledge  Gamble  gave,  and  he  was  soon  after  united 
with  Miss  Coalter  in  marriage.  Mr.  Bates  then  addressed 
and  married  another  sister,  and  Gamble   and   Bates  became 

19 


290  BENCH  AND  BAR   OF  MISSOURI. 

partners  in  the  practice  of  the  law,  and  were  bosom  friends 
till  separated  by  death.  Both  marriages  resulted  most  hap- 
pily, and  Mr.  Gamble  became  one  of  the  most  exemplary 
men  in  his  habits  that  the  bar  could  boast  of. 

Governor  Gamble's  success  as  a  lawyer  can  hardly  be  said 
to  have  commenced  until  his  return  to  St.  Louis,  but  from 
that  time  until  he  retired  from  practice  he  was  retained  in  al- 
most every  important  suit  pending  in  the  St.  Louis  courts  — 
followed  them  to  the  Supreme  Court  of  the  United  States, 
argued  them  in  person,  and  obtained  a  high  reputation  as  a 
jurist.  His  mind  was  clear,  logical,  and  thoroughly  balanced, 
and  when  he  closed  his  argument  upon  any  legal  proposition 
in  which  he  took  an  interest  there  was  little  left  to  be  said 
by  those  who  followed  him.  As  a  mere  jury  lawyer  he  could 
not  be  said  to  be  successful,  for  he  made  no  pretensions  to 
oratory,  relying  solely  upon  a  clear,  concise,  and  correct  state- 
ment of  facts,  and  the  law  as  applicable  to  the  facts.  He 
was  slow  in  his  eunciation,  and  often  hesitated  in  the  use  of 
language,  but  never  failed  to  make  himself  thoroughly  un- 
derstood by  both  court  and  jury.  As  his  practice  was  mostly 
confined  to  important  land  suits,  he  seldom  had  occasion  to 
address  a  jury. 

We  never  had  the  pleasure  of  hearing  Governor  Gamble 
make  an  argument  in  any  important  case,  but  our  judgment 
of  his  standing  as  a  lawyer  is  ^derived  from  the  position  that 
was  universally  assigned  to  him  by  his  professional  brethren, 
and  from  his  printed  briefs  and  arguments,  and  his  opinions 
delivered  while  on  the  bench  of  the  Supreme  Court,  em- 
braced in  volumes  15  to  20,  inclusive,  of  the  State  Reports. 
Probably  no  one  knew  him  better,  or  was  more  thoroughly 
conversant  with  his  professional  ability,  than  the  Hon. 
Thomas  T.  Gantt,  one  of  the  most  eminent  jurists  of  the 
Missouri  bar.  Mr.  Gantt  practiced  with  him  many  years  at 
the  same  bar;  and  at  a  meeting  of  the  St.  Louis  bar,  called, 
immediately  after  the  death  of  Governor  Gamble,  to  take 
action  in  reference  to  the  great  loss  sustained  by  the  pro- 
fession, Mr.  Gantt  thus  alluded  to  him  : 


HAMILTON  K.   GAMBLE.  29 1 

"As  a  lawyer  he  was  well  and  deeply  read.  The  clear,  logical  mind  which 
nature  gave  him  had  been  enriched  and  disciplined  by  close  and  various  study. 
A  singularly  retentive  memory  enabled  him  to  apply,  with  scarcely  an  eHbrt, 
the  stores  of  his  vast  learning.  He  had  the  faculty  of  discovering,  almost  at 
a  glance,  the  strength  and  the  weakness  of  every  case  which  was  laid  before 
him.  He  ne/er  manifested  any  affection  for  the  weak  points  of  his  own  case, 
but  he  seldom  failed  to  try  every  rivet  and  joint  of  the  armor  of  his  enemy  in 
those  parts  where  his  admirable  sagacity  led  him  to  suspect  that  it  was  vulner- 
able. It  was  not  often  that  his  attacks  were  directed  against  a  point  where  the 
armor  was  of  proof,  and,  if  the  part  assailed  were  indeed  penetrable,  it  was 
well-nigh  impossible  to  baffle  the  skill  and  force  of  his  assault.  His  present- 
ment of  the  strength  of  his  own  cause  was  in  all  respects  excellent.  He  did 
not  fatigue  the  court  or  jury  by  trivial  points,  or  a  rambling  discourse  which 
left  his  hearers  doubtful  what  his  own  notions  of  the  merits  of  his  case  really 
were.  He  boldly  and  plaiidy  staked  his  success  on  the  strong  points  of  his 
cause." 


No  one  who  knows  Judge  Gantt  will  charge  him  with 
uttering  fulsome  praise  of  any  one,  and  the  above  extract 
from  his  speech  will  be  accepted  as  a  fair  and  true  state- 
ment of  Governor  Gamble's  professional  characteristics. 

The  same  view  was  taken  by  the  Hon.  John  M.  Krum  and 
the  Hon.  Sainuel  T.  Glover,  both  eminent  lawyers  of  the  bar, 
who  addressed  the  same  meeting. 

Governor  Gamble  had  no  taste  for  poetry  or  light  litera- 
ture, or  the  arts  of  rhetoric,  but  in  many  of  the  sciences  was 
very  proficient,  and  delighted  in  close  research  and  deep 
investigation. 

In  the  winter  of  1832-3  Judge  Carr  was  called  before  the 
Legislature  upon  charges  of  impeachment,  and  Mr.  Gamble 
and  Henry  S.  Geyer  appeared  in  his  defense;  and  the  argu- 
ment of  Mr.  Gamble  on  that  occasion  attracted  attention 
throughout  the  state,  and  received  high  encomiums  from  the 
press. 

In  1846  he  was  induced  to  take  a  seat  in  the  Legislature, 
and  it  was  there  that,  as  a  representative  from  Franklin 
County,  we  first  formed  anything  like  an  intimate  acquaint- 
ance with  him.  It  was  the  revising  session,  and  the  people 
of  St.  Louis  called  upon  him  with  great  unanimity  to  take  a 
seat  in  that  body,  knowing  that  his  services  in  the  revision 
of  the  laws  would  be  very  valuable.     No  man  in  the  Legisla- 


292  BENCH  AND  BAR   OF  MISSOURI. 

ture  was  more  universally  esteemed,  for,  instead  of  being 
austere  and  reserved,  he  was  on  good  terms  with  all,  and 
had  a  good  word  to  say  to  every  one  who  approached  him  ; 
and  if  anything  came  before  the  House  which  elicited  merri- 
ment, he  enjoyed  it  immeasurably. 

Upon  one  occasion  a  bill  was  presented  to  reduce  the 
salaries  of  the  governor  and  judiciary.  It  provided  that  the 
salary  of  the  governor  should  be  ;^i,ooo;  that  of  a  supreme 
judge,  ;^8oo  ;  and  a  circuit  judge,  ^600.  It  was  a  buncombe 
measure,  and  was  supported  by  about  twenty-five  Demo- 
crats and  the  entire  Whig  vote.  Governor  Gamble  not  ex- 
cepted, for  he  then  affiliated  with  the  old  Whig  party.  To 
test  the  strength  of  the  measure,  we  mov^ed  its  indefinite 
postponement;  but  our  motion  failed  by  twenty  votes,  and  it 
became  evident  that,  unless  we  could  beat  our  opponents  in 
parliamentary  tactics,  the  bill  would  pass.  About  this  time 
a  Democratic  senator  approached  us  with  the  pleasant  intel- 
ligence that,  unless  we  defeated  the  bill  in  the  House,  the 
Senate  would  not  take  the  responsibility  of  opposing  it. 
We  managed,  before  a  vote  could  be  taken  on  its  final  pas- 
sage, to  procure  an  adjournment,  and,  as  we  passed  out  of 
the  Capitol,  overtook  Mr.  Gamble,  and  asked  him  how  he 
could  conscientiously  vote  to  give  a  governor  $1,000  and  a 
supreme  judge  $800.  "  Why,"  said  he  (laughing  till  his 
sides  shook),  "there  is  not  a  judgeship  in  the  state  filled  by  a 
Whig,  and  if  you  Democrats  want  to  reduce  the  pay  of  your 
own  officers,  how  can  you  expect  that  we  Whigs,  who  are 
stripped  of  all  official  patronage,  shall  oppose  you?"  And 
again  he  laughed  heartily  at  our  apparent  distress. 

That  night,  while  lying  in  bed  and  ruminating  over  the 
probable  passage  of  the  bill,  the  thought  occurred  to  us  that 
we  might  probably  defeat  it  by  attaching  to  it  the  State  Uni- 
versity at  Columbia,  which  was  a  favorite  institution  with  the 
old  counties,  nearly  all  of  which  were  represented  by  Whigs. 
At  that  time  the  president  of  the  University  was  receiving 
;^2,500,  besides  house-rent  and  servant-hire ;  and  no  pro- 
fessor received  less  than  ;^i, 200.  We  immediately  rose  from 
the  bed,  and  prepared  an  amendment  reducing  the  salary  of 


HAMILTON  R.   GAMBLE.  293 

the  president  to  $1,000,  dispensing  with  all  perquisites,  and 
Hmiting  the  pay  of  all  other  officers  to  $600.  Shortly  after 
the  House  convened  on  the  next  day,  the  bill  was  called 
up,  and  we  offered  our  amendment,  which  proved  a  perfect 
bomb-shell,  for  no  Democrat  who  had  been  voting  for  the 
bill  could  consistently  oppose  the  amendment.  We  never 
shall  forget  the  distress  it  gave  old  Dr.  Jewell,  a  Whig  mem- 
ber from  Boone,  and  a  most  excellent  and  worthy  member. 
He  rose  and  addressed  the  House,  with  his  eyes  overflowing 
with  tears,  and  said  "he  had  not  supposed  that  there  was  a 
man  on  that  floor  who  had  any  unkind  feeling  against  so 
good  an  institution  as  the  University  ;  "  and,  evidently  not 
understanding  the  object  of  the  amendment,  became  so  over- 
powered with  emotion  as  scarcely  to  be  able  to  give  utter- 
ance to  his  thoughts  —  in  fact,  he  wept  with  all  the  simplicity 
of  a  child.  At  the  conclusion  of  his  remarks  we  moved 
the  indefinite  postponement  of  the  bill  and  amendment,  and 
our  motion  prevailed  by  a  large  majority,  thus  getting  rid  of 
a  most  serious,  and  what  might  have  been  a  damaging,  piece 
of  legislation.  When  we  met  Mr.  Gamble  again,  he  re- 
marked, "  Well,  I  did  not  think  you  were  so  much  of  a  Yan- 
kee. Your  amendment  came  very  near  putting  an  end  to 
the  existence  of  old  Dr.  Jewell,  and  it  scattered  our  Whig 
friends  in  every  direction." 

During  that  winter  mesmerism  was  in  high  vogue,  and  Mr. 
Gamble  attended  all  the  private  meetings,  and  seemed  to  be 
highly  amused  at  the  exhibitions  —  not  that  he  had  an}'  faith 
in  it,  but  it  afforded  a  pleasant  way  of  passing  his  leisure 
hours. 

In  1 85  I  Mr.  Gamble  was  called  almost  by  acclamation  to 
the  bench  of  the  Supreme  Court,  became  presiding  justice, 
which  position  he  held  for  about  four  years,  during  which 
time  he  settled  many  doubtful  questions,  and  delivered 
many  opinions  which  were  characterized  by  great  learning, 
research,  and  legal  acumen.  The  labors  of  the  office 
became  too  onerous  for  him,  and  in  1855  he  resigned. 

Governor  Gamble  was  too  much  devoted  to  his  profession, 
and   too  fond   of  domestic   life,  to   entertain   any  desire   for 


294  BENCH  AND  BAR    OF  MISSOURI. 

public  position  ;  and  it  was  only  when  a  strong  appeal  was 
made  to  his  sense  of  duty  that  he  accepted  any  office,  and 
then  only  held  it  until  he  could  frame  a  reasonable  excuse 
for  retiring. 

But  the  great  event  of  his  life,  and  which  will  hand  his 
name  down  to  posterity  as  a  public  benefactor,  was  his 
administration  as  provisional  governor  of  Missouri.  Before 
the  difficulties  of  the  country  assumed  any  magnitude.  Gov- 
ernor Gamble  spent  most  of  his  time  in  Pennsylvania,  Avhere 
he  was  educating  his  children ;  and  while  there  the  Legisla- 
ture of  the  state,  containing  an  overwhelming  majority  of 
secessionists,  passed  an  act  providing  for  tlie  call  of  a  State 
Convention,  ostensibly  to  take  into  consideration  the  rela- 
tions of  the  state  towards  the  Federal  government,  but  in 
reality  to  pass  a  secession  ordinance,  and  drive  Missouri  into 
the  Rebellion. 

As  the  cloud  of  dissension,  anarchy,  and  misrule  began  to 
spread  over  the  state,  he  became  alarmed  for  the  fate  of  his 
beloved  Missouri,  hastened  home,  and  on  the  day  of  his  ar- 
rival in  St.  Louis  found  the  streets  full  of  armed  men,  and 
the  Sub-Treasury  closely  guarded  by  a  detail  of  government 
troops.  On  the  face  of  every  man  he  met  was  depicted 
anxiety  and  alarm.  A  meeting  of  the  citizens  was  called 
for  the  next  night,  at  the  court-house,  and  Judge  Gamble, 
by  the  most  urgent  appeals,  attended  and  delivered  a  brief 
address,  in  which  he  proclaimed  his  devotion  to  the  Union 
and  his  fealty  to  the  government.  From  a  newspaper  report 
of  his  address  we  quote  the  following,  as  evidence  of  his 
strong  attachment  to  the  Federal  Union.     Said  he  : 

"No  questions  of  sufficient  importance  liad  ever  come  up  to  call  him  forth 
from  the  quiet  life  he  had  chosen  ;  but  at  this  fearful  crisis  of  the  country's 
history,  when  our  clearest  rights  and  liberties  are  endangered  —  when  the 
blessed  Union  under  which  we  have  enjoyed  so  much,  and  prospered  so 
greatly,  is  threatened  —  he  could  not  remain  silent.  *  *  ^'  Those  who 
made  our  state  their  home  came  here  because,  as  American  citizens,  they  could 
enjoy  those  rights  and  immunities  which  other  countries  did  not  offer  them. 
They  came  where  they  could  be  protected  in  all  their  rights;  and  thus  it  is 
that  this  great  state  has  grown  up  and  prospered.  It  is  all  in  consequence  of 
the  Union.      It  is   an    instance   of  unexampled    prosperity.      And   look  at   the 


HAMILTON  R.   GAMBLE.  295 

great  confederacy  of  states.  Did  the  sun  ever  shine  on  a  happier  or  more 
prosperous  nation  than  the  United  States  six  months  ago  ?  We  were  in  entire 
harmonVi  and  projecting  great  measures  for  improvement  and  internal  prog- 
ress. This  great  nation,  with  its  various  climates  and  soils,  with  its  hills  and 
vales,  prairies  and  savannahs,  is  calculated  to  benefit  every  class  of  our  peo- 
ple. Why,  then,  in  the  name  of  Heaven —  in  the  name  of  everything  that  is 
sacred  and  holy  —  shall  the  Union  be  broken  up?  Why  shall  brother  be 
arrayed  against  brother,  and  state  against  state  ?  Why  shall  war  rage  ?  Why 
should  we  engage  in  conflict  with  those  with  whom  we  have  lived  as  brothers 
for  nearly  a  century  ?  Why,  like  children,  shall  we  break  this  Union  to  pieces 
and  squander  it?  *  *  *  There  can  be  no  Union  without  the  Constitution, 
and  those  who  would  destroy  the  one  must  destroy  the  other.  But  there  is  no 
necessity  for  injuring  either.  If  any  man's  rights  have  been  violated,  they  can 
be  redressed  in  the  Union,  and  under  the  Constitution.  The  rights  of  no  states 
have  been  violated  so  as  to  cause  a  dissolution  of  this  confederacy.  If  the 
laws  have  not  in  all  cases  been  executed,  then  it  is  the  fault  of  those  whose 
business  it  is  to  execute  them.  If  any  states  should  place  obstructions  in  the 
way  of  the  execution  of  the  laws,  then  this  evil  should  be  redressed  in  the 
Union.  It  cannot  be  remedied  out  of  the  Union.  What  is  there  to  justify  the 
breaking  up  of  this  government,  or  the  tearing  down  of  the  only  fabric  of  con- 
stitutional liberty  ever  erected  ?  What  is  to  be  gained  ?  [A  voice  :  '  Nothing.'] 
Nothing  under  heaven  can  be  gained.  Then,  let  us  stand  in  the  Union,  and 
by  it,  under  all  circumstances.      Let  us  stand  where  our  fathers  stood." 

Thus  spake  Hamilton  R.  Gamble,  as  only  a  patriot  could 
speak  whose  heart  was  overflowing  with  love  and  gratitude 
to  his  country. 

It  was  by  such  appeals  addressed  to  the  intelligence  and 
patriotism  of  the  people  that  the  Union  party  succeeded  in 
obtaining  a  large  majority  in  the  Convention. 

The  Convention  assembled  at  Jefferson  City  on  February 
28,  1 86 1,  but,  after  electing  its  officers  and  fully  organizing, 
adjourned  to  meet  again  in  St.  Louis  on  March  4th. 

On  that  day  they  reassembled  at  the  Mercantile  Library 
Hall  in  St.  Louis,  Sterling  Price  being  president  of  the  Con- 
vention. A  committee  on  Federal  Relations  was  organized, 
with  Judge  Gamble  as  chairman,  and  the  Convention  de- 
clared the  adhesion  of  the  state  to  the  Union,  and  took  all 
necessary  steps  to  preserve  peace  and  good  order,  and  then 
adjourned  to  the  third  Monday  in  December,  subject. to  be 
called  together  sooner  by  a  committee  appointed  for  that' 
purpose,  if  any  emergency  required  it. 

The  emergency  did  arise,  for  in  the  meantime  the  storm  of 


296  BENCH  AND  BAR   OF  MISSOURI. 

strife  and  misrule  began  to  rage  throughout  the  state,  and 
the  rebel  Governor  Jackson  and  Legislature  had  fled  the 
capital  and  reorganized  at  Neosho,  near  the  Arkansas  line. 
By  direction  of  the  committee  the  Convention  reassembled 
at  Jefferson  City  on  July  22d,  and  proceeded  to  organize  a 
provisional  government,  first  having  deposed  Governor  Jack- 
son and  the  state  officers  under  him.  Instinctively  the  eyes 
of  all  settled  upon  Judge  Gamble  for  governor,  and  Willard 
P.  Hall,  one  of  the  ablest  and  most  distinguished  men  of  the 
state,  as  lieutenant-governor.  It  is  a  singular  coincidence 
that  both  were  born  in  a  slave  state,  and  never  lived  perma- 
nently in  any  other. 

It  is  not  our  purpose  to  give  a  history  of  Governor  Gam- 
ble's administration.  It  is  sufficient  to  say  that,  during  the 
most  terrible  ordeal  that  ever  a  state  passed  through,  he 
stood  like  a  faithful  pilot  at  the  helm,  and  carried  us  safely 
over  the  quicksands  and  breakers  that  threatened  the  de- 
struction of  our  noble  ship  of  state. 

The  arduous  duties  of  his  office,  added  to  the  great  men- 
tal anxiety  necessarily  endured,  proved  too  much  for  his 
physical  constitution,  which  had  been  greatly  impaired  by  a 
railroad  accident  while  on  an  official  visit  to  Washington, 
and  on  January  31,  1864,  he  departed  this  life  at  his  resi- 
dence in  St.  Louis. 

Governor  Hall  immediately  assumed  the  duties  of  chief 
magistrate,  and  it  is  due  to  that  distinguished  citizen  of 
north-western  Missouri  to  say  that  he  proved  a  most  faithful 
and  efficient  executive,  and  much  of  the  success  of  Gov- 
ernor Gamble's  administration  is  due  to  his  valuable  aid  and 
hearty  cooperation. 

Strangers  visiting  St.  Louis  will  find  in  the  hall  of  the 
Mercantile  Library  a  full-length  portrait  of  Governor  Gam- 
ble, which  is  not  only  a  perfect  likeness,  but  an  admirable 
painting. 

Governor  Gamble  had  no  ambition  for  public  life.  He 
never  trimmed  his  sails  to  catch  the  popular  breeze.  Yet  it 
was  gratifying  to  him  to  know  that  his  course  in  life  met  the 
favor  and  approbation  of  his  fellow-citizens. 


HAMILTON  R.   GAMBLE.  297 

Immediately  after  his  death  the  bar  of  St.  Louis  assembled 
€71  masse,  and  paid  every  tribute  of  respect  to  his  memory  in 
their  power.  They  attended  his  funeral  in  a  body.  Upon 
the  dav  he  was  buried,  business  in  St.  Louis  was  entirely  sus- 
pended,  and  most  of  the  public  buildings  and  stores  were 
draped  in  mourning.  A  very  able  and  impressive  discourse 
was  delivered  in  the  Walnut  Street  Presbyterian  Church  by 
the  Rev.  Dr.  Brooks,  but  not  one-tenth  of  the  people  in  at- 
tendance could  obtain  admittance.  The  funeral  cortege  was 
over  a  mile  long,  and  a  general  feeling  of  sadness  overspread 
the  public  mind.  His  remains  were  deposited  in  the  beauti- 
ful cemetery  of  Bellefontaine,  to  the  adornment  of  which  he 
had  largely  contributed  in  life. 

"There  is  no  death  ;  what  seems  so  is  transition  : 
This  life  of  mortal  breath 
Is  but  a  suburb  of  the  life  elysian, 
Whose  portal  we  call  death." 


James  R.  Lackland. 

It  is  not  unfrequently  the  case  that  men  who  have  obtained 
distinction  in  some  particular  vocation  or  calhng  are  unjustly 
accredited  with  being  self-made  ;  but  it  could  not  be  so  said  of 
James  Ransom  Lackland,  whose  whole  life  was  one  of  toil 
and  incessant  labor,  and  who  had  not  only  to  contend  against 
the  disadvantages  of  a  very  imperfect  and  limited  education, 
but  against  a  constitutional  disease  which  threatened  him 
through  life,  and  to  which  he  finally  had  to  succumb. 

His  father  was  an  active  and  successful  farmer  in  St.  Louis 
Count)-,  and  brought  up  his  sons  to  work  on  the  farm,  no 
doubt  intending  that  they  should  follow  his  calling.  It  is 
certain  that,  until  he  began  to  approach  manhood,  James 
worked  a  good  portion  of  his  time  on  the  farm,  and  thereby 
greatly  assisted  his  father  in  supporting  the  family. 

James  R.  Lackland  was  born  on  Januar}-  8,  1820,  near  Rock- 
ville,  in  Montgomery  County,  ]\Iar3'land,  and  came  with  his 
parents  to  Missouri  in  1828.  His  father  purchased  a  farm  in 
St.  Ferdinand  Township,  St.  Louis  County,  which  continued 
to  be  the  family  homestead  as  long  as  he  lived,  and  is  still  re- 
tained in  the  family.  During  the  winter  and  a  portion  of  the 
summer  James  went  to  a  school  in  the  neighborhood,  and  for 
a  time  was  a  pupil  in  ]\Iarion  College,  of  which  Dr.  El\'  was 
president.  This  enabled  him  to  obtain  an  ordinary  English 
education. 

At  this  time  he  had  not  the  most  remote  idea  of  embark- 
ing in  the  law,  for  after  leaving  home  he  became  a  clerk  in  a 
wholesale  grocery  house  in  St.  Louis,  and  afterwards  an  as- 
sistant clerk  on  a  western  steamer.  By  mere  chance  he  ob- 
tained employment  in  the  office  of  General  Ruland,  who  was 
clerk  of  the  St.  Louis  Circuit  Court.  He  wrote  a  fair,  legible 
hand,  and  was  chiefly  employed  in  copying  and  making  out 
transcripts  for  the  Supreme  Court.     In  this  he  displayed  his 


JAMES  R.  LACKLAXD.  299 

usual  industry  and  activity,  for  it  is  said  b\-  lawyers  then  in 
practice  that  he  was  never  seen  idle  for  a  moment.  It  was 
while  in  the  clerk's  office  that  he  was  persuaded  to  enter 
upon  the  study  of  the  law.  He  went  into  the  law-office  of 
the  Hon.  Charles  D.  Drake,  now  presiding  judge  of  the 
Court  of  Claims,  at  Washington  City,  and  applied  himself 
most  diligently  to  his  studies,  and  in  1846  was  admitted  to 
practice. 

He  commenced  his  professional  life  without  fortune  or 
influential  friends,  relying  solely  upon  his  own  energy,  indomi- 
table will,  and  untiring  perseverance  ;  but  these  enabled  him 
to  surmount  difficulties  which  beset  him  at  every  step,  and 
which  to  many  would  have  proved  appalling.  The  first  pub- 
lic position  he  held  was  that  of  circuit  attorney,  which  re- 
quired him  to  appear  in  behalf  of  the  state  in  all  criminal 
prosecutions.  The  office  is  one  of  not  only  great  labor,  but 
great  responsibilit}',  and  frequent!}'  imposes  upon  the  incum- 
bent the  necessit}-  of  coming  in  conflict  with  the  brightest 
lights  of  the  profession. 

As  a  prosecutor  he  was  bold,  defiant,  and  successful ;  and 
at  no  period  in  the  history  of  our  local  criminal  jurisprudence 
were  there  so  many  convictions  as  during  his  occupancy 
of  the  office. 

In  the  celebrated  case  of  the  ^lontesquiou  brothers, 
French  counts,  who  were  indicted  for  murder,  he  prosecuted 
with  a  vigor  and  ability  that  surprised  his  friends  and  gave 
him  at  once  a  high  rank  at  the  bar. 

Nathaniel  Chiles  was  for  many  years  first  teller  of  the  State 
Bank  of  Missouri,  enjoying  the  entire  confidence  of  the  bank 
directors  ;  was  a  class-leader  in  the  Methodist  Church,  and 
stood  well  in  the  communit}'  as  a  man  of  enterprise  and  in- 
tegrity. From  time  to  time  large  sums  of  money  were 
missed  from  the  bank,  and  after  the  most  laborious  exam- 
ination suspicion  fell  upon  Chiles,  and  he  was  indicted  for 
the  embezzlement,  and  tried  in  the  Criminal  Court.  It  was 
almost  impossible  to  induce  the  community  to  give  credence 
to  the  charge,  more  particularh*  as  the  evidence  against  him 
was  entirelv  circumstantial.     The  fact  that  he  had  access  to 


300  BENCH  AND  BAR    OF  MISSOURI. 

the  vaults  of  the  bank,  and  Hved  and  entertained  far  beyond 
his  salary,  were  about  the  only  circumstances  that  were  at 
first  developed ;  and  starting  with  these  Mr.  Lackland  went 
to  work,  and  in  time  presented  such  a  strong  combination  of 
circumstances  as  to  leave  but  little  room  for  any  doubt  as  to 
his  guilt.  But  his  church  and  friends  —  unwilling  to  believe 
that  one  who  had  been  a  minister  of  the  gospel,  and  whose 
character  had  never  before  been  subjected  to  any  suspicion, 
would  be  guilty  of  so  grave  an  offense  —  rallied  to  his  sup- 
port, and  by  the  aid  of  the  most  eminent  counsel  and  a 
divided  public  opinion,  succeeded  in  producing  an  acquittal. 
But  the  marked  ability  displayed  by  Mr.  Lackland  gave  him 
a  wide-spread  reputation.  Chiles  was,  several  years  after- 
wards, convicted  of  a  similar  offense,  and  served  out  a  term 
of  years  in  our  penitentiary. 

Mr.  Lackland  never  spoke  from  notes,  and  never  prepared 
a  speech  in  advance  ;  hence  none  of  his  forensic  efforts  are 
preserved. 

In  185—  Mr.  Lackland  was  elected  judge  of  the  Criminal 
Court,  and  there  acquired  an  additional  reputation  as  a  jurist. 
He  was  afterwards  called  by  the  people  to  the  bench  of  the 
Circuit  Court,  which  office  he  held  till  1859,  when  he  resigned 
to  again  engage  in  active  practice. 

The  case  in  which  Judge  Lackland  acquired  the  greatest 
reputation  was  that  of  Effie  Carstang  vs.  Henry  L.  Shaw, 
being  a  suit  for  alleged  breach  of  marriage  promise,  which 
excited  much  interest  throughout  the  country.  Effie  was 
originally  from  Brooklyn,  New  York,  and,  after  living  sev- 
eral years  in  the  South,  finally  came  with  a  widowed  sister 
to  St.  Louis,  rented  a  large  dwelling,  and  sub-let  the  rooms 
to  single  gentlemen  for  sleeping  apartments.  Effie  was  the 
daughter  of  a  clergyman,  and  a  maiden  of  some  pretensions 
to  beauty,  and  withal  of  some  experience  in  the  world,  hav- 
ing lived  in  New  York,  Charleston,  Mobile,  New  Orleans, 
and  divers  other  places  too  numerous  to  mention. 

The  defendant  was  a  widower  without  children,  far  ad- 
vanced in  years,  an  old  citizen  of  St.  Louis,  and  a  man  of 
large  wealth  and  enterprise.     He  was  the  owner  of  a  magnifi- 


JAMES  R.  LACKLAND.  3OI 

cent  tract  of  land,  embracing  1,000  acres,  adjoining  the 
city,  and  estimated  at  $1,000,000.  This  he  had  converted 
into  a  fine  park,  beautifully  embellished,  and  a  large  garden, 
containing  the  choicest  shrubs  and  flowers,  brought  at  an 
immense  expense  from  all  parts  of  the  world,  and  placed  in 
finely  finished  hot-houses.  Connected  with  this  was  a  bo- 
tanical museum,  with  an  immense  botanical  library,  and  con- 
taining the  busts,  in  marble,  of  the  most  distinguished  bot- 
anists of  the  world. 

Such  was  Shaw's  Garden,  the  most  attractive  spot  in  the 
West,  and  visited  daily  by  hundreds  from  every  part  of  the 
United  States. 

It  is  not  strange,  therefore,  that  Effie  should  be  attracted 
to  those  beautiful  grounds,  nor  is  it  strange  that  she  should 
meet,  while  winding  her  way  through  the  beds  of  roses  and 
tulips,  the  enterprising  proprietor.  Nor  would  it  have  been 
strange  if  she  had  gently  and  blushingly  hinted  at  the  great 
happiness  he  would  derive  from  permitting  one  of  her  sex 
to  become  a  joint  occupant  of  this  earthly  paradise.  Be  that 
as  it  may,  he  was  afterwards  seen  to  enter  the  Carstang  man- 
sion, and  was  profuse  in  his  gifts  of  flowers,  and  lavish  in  his 
praises  of  the  beautiful  Effie.  But  all  things  must  have  an 
end,  and  so  it  was  with  this  little  harmless  flirtation,  and  Mr. 
Shaw's  visits  became  less  in  number.  And  the  result  was  a 
suit  for  damages  as  the  only  panacea  for  blighted  hopes  and 
disappointed  affection. 

Uriel  Wright  and  L.  M.  Shreve  appeared  for  the  plaint- 
iff, and  Edward  Bates  and  John  R.  Shepley  for  the  defense 
—  all  lawyers  of  high  professional  distinction. 

Without  a  particle  of  evidence  to  establish  the  promise, 

beyond  a  few  visits,  the  loan  of  a  piano,  the  presentation  of 

a  few  flowers,  and  the  loose,  contradictory  statements  of  the 

widowed   sister,   the  wise  and  far-seeing  jury  awarded    her 

^100,000. 

Had  half  the  city  been  sunk  by  an  earthquake,  the  peo- 
ple could  not  have  been  more  astonished.  From  that  day 
to  this  no  man  has  been  found  who  will  admit  that  he  was 
one  of  the  jury;  and  the  press  of  the  city  has  been  daily  dis- 


302  BENCH  AND  BAR    OF  MISSOURI. 

cussing  the  wisdom  of  our  jury  system.  No  more  do  we 
hear  of  the  boasted  right  of  trial  by  jury,  or  the  blessing 
conferred  upon  mankind  by  the  29th  chapter  of  King  John's 
Great  Charter. 

As  may  well  be  supposed,  the  verdict  was  set  aside  and 
a  new  trial  awarded.  Mr.  Lackland  and  Mr.  Glover  were 
then  retained  in  the  case  by  Mr.  Shaw,  and  Mr.  Lackland 
assumed  the  labor  of  preparing  for  another  trial.  He  went 
to  Brooklyn  and  the  other  places  above  mentioned,  and  took 
depositions  in  each,  obtained  a  history  of  the  fair  lady,  and 
on  the  next  trial  the  jury  gave  a  verdict  for  the  defendant. 

What  a  theme  for  contemplation  !  What  a  commentary 
upon  our  mode  of  trying  issues  of  fact!  One  jury  awards 
one  hundred  thousand  dollars  —  another,  )iot  a  cent ;  and  upon 
evidence  tending  to  the  same  point,  though  upon  the  last 
trial  more  decided  and  unequivocal. 

In  the  preparation  and  trial  of  the  case  the  defendant's 
counsel  obtained  the  highest  encomiums  from  the  bar.  It  is 
a  great  loss  to  the  profession  that  we  omitted  to  preserve  a 
full  record  of  the  case,  and  the  arguments  of  counsel. 

It  cost  Mr.  Shaw  about  ^$20,000  to  get  rid  of  the  work  of 
a  stupid  jury,  and  what  makes  it  exceedingly  mortifying  to 
a  St.  Louisian  is  that  Mr.  Shaw  at  the  time  had  publicly  an- 
nounced his  intention  to  donate  most  of  his  beautiful  estate 
to  St.  Louis  for  public  purposes,  and  has  since  so  done. 

Judge  Lackland  had  none  of  the  graces  of  oratory,  but  he 
possessed  what  was  of  far  more  importance — a  strong,  log- 
ical, and  analytical  mind,  full  of  resources,  and  of  remark- 
ably quick  perceptions.  His  knowledge  of  men  was  very 
great,  and  enabled  him  to  reap  a  large  advantage  in  impanel- 
ing a  jury.  .Few  men  could  excel  him  in  the  cross-examina- 
tion of  a  witness.  There  was  something  in  his  manner  that 
inspired  a  witness  with  fear,  and  caused  him  frequently  to  so 
qualify  his  testimony  as  to  greatly  impair  its  effect.  If  sat- 
isfied that  the  witness  was  telling  the  truth,  and  not  exag- 
gerating, he  would  put  as  few  questions  to  him  as  possible, 
and  dismiss  him  with  a  manner  indicating  that  he  did  not  re- 
gard the  testimony  as  of  much  importance.      He  knew  how 


JAMES  R.  LACKLAND.  3O3 

far  to  push  a  witness,  and  when  to  stop  —  a  gift  that  is  by  no 
means  common  in  the  profession.  He  was  not  particular  in 
the  choice  of  language,  and  sometimes  did  violence  to  the 
king's  English.  He  was  too  much  in  the  habit  of  using 
slang  phrases,  and  often  employed  words  that  would  puzzle 
a  Webster  or  a  Worcester  to  give  the  derivation  of  One  in 
particular  he  frequently  used.  If  a  speech  was  pompous,  or, 
as  is  sometimes  called,  spread-eagle,  he  would  say  it  was 
higJifalutin. 

Judge  Lackland  was  a  man  of  the  highest  integrity,  and 
abhorred  trickery  and  deception  above  all  things.  When 
off  the  bench  he  never  would  permit  an  attorney  or  suitor  to 
speak  in  his  presence  of  the  merits  of  a  case  pending  in  his 
court.  By  the  outside  world  he  was  regarded  as  cold,  aus- 
tere, and  unfeeling ;  but  such  was  not  the  character  he  sus- 
tained among  those  who  held  social  relations  with  him. 

For  many  years  before  his  death  he  was  in  very  bad 
health,  suffering  daily  from  physical  pain,  compelled  to  go 
long  distances  from  home  for  climatic  change,  and  no  doubt 
while  in  that  condition  often  appeared  abrupt,  morose,  and 
unsociable.  But  those  who  met  him  in  the  family  circle, 
and  to  whom  he  expressed  his  thoughts  freely,  credit  him 
with  a  large  heart  and  sympathetic  feeling.  Our  relations 
with  him  were  not  of  that  intimate  kind  which  would  enable 
us  to  form,  in  that  respect,  a  reliable  judgment. 

His  death  occurred  on  October  9,  1875,  and  his  remains 
repose  in  Bellefontaine  Cemetery. 


Charles  B.  lord, 

Who  for  many  years  was  judge  of  the  St.  Louis  Land  Court, 
came  to  Missouri  as  early  as  1843.  He  was  born  in  Thomas- 
ton,  state  of  Maine,  on  July  13,  1810,  and  received  an  aca- 
demic education  in  Onondaga  County,  New  York,  to  which 
place  his  parents  had  removed.  When  only  nine  years  of 
age  he  was  threatened  with  chastisement  by  the  principal  of 
the  school,  upon  a  charge  that  afterwards  proved  to  be  false, 
and,  to  avoid  what  he  conceived  to  be  an  unjust  punish- 
ment, ran  away  from  the  institution,  a  distance  of  twenty 
miles  from  home,  in  midwinter,  sleeping  one  night  under  a 
hay-stack.  This  determination  not  to  submit  to  injustice, 
evinced  at  so  early  a  period,  characterized  his  whole  life.  It 
does  not  appear  that  he  ever  entered  any  college,  though  he 
obtained  a  good  English  education,  and  became  a  fair  Latin 
scholar. 

He  commenced  his  law  studies  in  the  office  of  his  brother, 
the  late  Dr.  John  C.  Lord,  of  Buffalo,  who  abandoned  the 
legal  for  the  clerical  profession.  His  legal  studies  were 
completed  with  Truman  Hastings,  Esq.,  ^ith  whom  he  be- 
came associated  in  the  practice.  He  was  admitted  to  the 
bar  in  1833  or  1834,  and  practiced  in  Buffalo  until  he  came 
to  St.  Louis,  in  1843.  Here  he  formed  a  partnership  with 
Myron  Leslie,  a  lawyer  of  fine  talents  and  decided  genius. 
The  firm  did  a  large  business,  and  continued  till  the  death 
of  Mr.  Leslie,  about  five  years,  when  Judge  Lord  became 
associated  in  the  practice  with  Isaac  H.  Kiem,  Esq. 

In  the  meantime  the  Legislature  created  the  St.  Louis 
Land  Court,  with  jurisdiction  limited  to  suits  pertaining  to 
real  estate,  the  object  being  to  relieve  the  Circuit  Court  of 
the  great  pressure  of  business  then  on  its  docket.  Edward 
Bates   was   appointed  judge,  who   held    the   office    until   his 


CHARLES  B.  LORD.  305 

death,  in    1869,  when  Judge  Lord  was  appointed  to  succeed 
him. 

As  a  lawyer  Judge  Lord  was  quite  successful,  for  he  was 
a  fine  special  pleader,  and  prepared  his  cases  with  much  care 
and  deliberation.  He  made  no  attempt  at  oratory,  and  sel- 
dom indulged  in  a  lengthy  harangue.  His  main  reliance 
was  upon  his  knowledge  of  the  law,  and  a  careful  prepara 
tion  for  trial. 

We  knew  him  chiefly  as  a  judge,  for  we  practiced  before 
him  during  his  entire  judicial  career.  His  thorough  knowl- 
edge of  the  law  pertaining  to  real  estate,  and  his  active,  in- 
dustrious habits,  enabled  him  to  render  a  very  efficient  and 
satisfactory  discharge  of  the  duties  of  his  office,  though  he 
had  some  faults  which  affected  his  popularity  with  the  bar. 
He  was  at  times  very  petulant  and  irritable,  and  often  in- 
dulged in  language  which  was  very  offensive  to  those  prac- 
ticing in  his  court.  Particularly  was  he  so  towards  the 
younger  members  of  the  profession,  for  whom  he  had  but 
little  charity  or  kind  feeling.  He  often  chided  them  with 
ignorance  of  the  law,  and  did  so  with  a  manner  that  was 
peculiarly  offensive.  It  is  true  that  the  older  members  of 
the  profession  did  not  escape,  but  they  could  overlook  it. 
We  have  frequently  heard  him  tell  young  practitioners  to  go 
to  their  office  and  study  the  law  before  coming  into  his 
court  to  practice.  The  result  was  that  young  lawyers 
avoided  his  court  rather  than  subject  themselves  to  his  ex- 
hibitions of  temper.  But,  as  a  set-off  to  this,  he  was  strictly 
honest  and  upright,  and  endeavored  to  mete  out  justice  to 
parties  litigant.  Particularly  was  he  careful  of  the  rights  of 
infants  and  married  women,  and  would  go  any  length  to 
protect  them  from  the  avarice  or  misconduct  of  executors, 
administrators,  guardians,  etc.  If  an  infant  was  not  properly 
represented,  he  would  appoint  some  discreet  attorney  to 
represent  his  or  her  interests,  with  an  injunction  to  give  due 
and  proper  consideration  to  the  case.  This  quality  in  a 
judge  is  almost  inestimable. 

St.  Louis  had,  for   over  a  quarter  of  a  century,  a   probate 
judge  named  Peter  Ferguson,  who  abused,  insulted,  and  vili- 
20 


3o6  BENCH  AND  BAR   OF  MISSOURI. 

fied  every  person  who  had  business  in  his  court.  The  law- 
yers were  all  thieves  and  plunderers ;  every  executor  was 
trying  to  cheat  the  estate ;  every  guardian  was  endeavoring 
to  swindle  his  ward;  every  witness  swore  falsely — in  fact, 
no  one  came  into  his  court  without  receiving  a  share  of  his 
honor's  abuse.  But  no  man  ever  sat  on  the  probate  bench 
who  guarded  the  rights  of  infants,  orphans,  and  married 
women  more  scrupulously  than  Peter  Ferguson ;  and  when 
Peter  Ferguson  came  before  the  people  for  reelection,  no 
man  could  beat  him. 

We  once  witnessed  a  scene  between  him  and  the  late 
Governor  Trusten  Polk,  which  was  so  characteristic  of  the 
judge  we  cannot  avoid  giving  it.  Governor  Polk  drew  the 
will  of  the  late  George  Collier,  a  very  wealthy  merchant, 
who  left  an  estate  of  several  millions,  and  a  very  long  will, 
containing  many  trusts,  powers,  settlements,  etc.  It  required 
an  immense  amount  of  labor,  and  much  care  and  skill,  to 
draw  it.  For  this  and  other  services  rendered  by  the  gov- 
ernor he  presented  a  bill  against  the  estate  for  $^oo,  which 
gave  rise  to  the  following  dialogue  : 

"H'm!  What  is  this?  H'm  !  Another  lawyer's  bill  — 
trying  to  swindle  the  widows  and  orphans.  Do  you  think  I 
am  agoing  to  allow  such  a  bill  as  this  ?  " 

"  If  your  honor  please,  I  will  prove  by  Mr.  Glover,  Mr. 
Shepley,  Mr.  Hill,  and  others  that  the  bill  is  very  rea- 
sonable." 

"H'm!  I  suppose  so  —  one  lawyer  helping  another  to 
swindle  the  poor  widows  and  orphans.  H'm  !  And  you 
expect  me  to  sit  here  and  permit  it?  H'm!  I  shall  do  no 
such  thing." 

Here  Messrs.  Glover,  Shepley,  and  Hill  were  sworn  as  wit- 
nesses, who  testified  that  the  services  were  reasonably  worth 
the  amount  charged. 

"H'm!  Just  what  I  expected;  and  when  you  want  to 
swindle  some  estate,  you  will  bring  Mr.  Polk  here  as  a  wit- 
ness to  help  you  do  it!  H'm!  I  suppose  I  must  allow  it; 
but  don't  you  show  your  face  here  again  until  you  can  learn 
to  be  an  honest  man." 


CHARLES  B.  LORD.  307 

Exit  Governor  Polk,  with  his  claim  allowed  for  the  full 
amount. 

It  is  proper  here  to  state  that  Judge  Ferguson,  who  had 
reached  his  three-score  and  ten,  was  a  good  friend  of  Mr. 
Polk,  and  was  satisfied  at  the  commencement  that  the  claim 
was  just,  and  intended  to  allow  it;  but  he  could  not  let  the 
opportunity  pass  without  giving  the  lawyers  a  rap  on  the 
knuckles. 

Judge  Lord  was  very  fond  of  fishing,  and  generally  spent 
his  summer  vacations  at  Green  Bay,  and  other  points  that 
were  noted  for  such  sports.  He  would  discourse  upon  the 
art  for  hours  at  a  time,  but  never  could  tolerate  an  opinion 
adverse  to  his  own.  He  was  convivial  in  his  habits,  fond  of 
a  good  dinner,  and  loved  to  have  his  friends  enjoy  it  with 
him ;  and  on  such  occasions  could  make  himself  very  enter- 
taining. 

He  died  in  St.  Louis,  in  November,  1868,  in  his  fifty-ninth 
year. 


Benjamin  Sharp. 

In  1848  we  made  a  successful  canvass  of  the  Second  Con- 
gressional District,  having  for  our  opponent  the  Hon.  Gil- 
christ Porter,  who  from  that  day  to  this  has  been  our  warm 
and  steadfast  friend.  An  abler  jurist  and  a  more  refined 
gentleman  we  seldom  meet. 

In  filling  an  appointment  at  Danville,  Montgomery 
County,  we  became  acquainted  with  Benjamin  Sharp,  then 
clerk  of  the  Circuit  Court  of  that  county,  and  a  lawyer  of 
acknowledged  ability.  The  Whig  party  largely  predomi- 
nated in  Montgomery  County,  and  Mr.  Sharp  was  its  head 
and  front.  In  an  hour  or  two  after  reaching  the  hotel  he 
called  upon  us,  and  during  our  stay  in  his  town  treated  us 
with  marked  kindness  and  civility.  Though  differing  polit- 
ically, and  at  a  time  when  party  spirit  was  running  very  high, 
he  took  particular  pains  to  introduce  us  to  the  leading  men 
of  both  parties,  for  which  we  felt  and  expressed  no  little 
gratitude. 

Mr.  Sharp  was  a  native  of  Jonesville,  Virginia,  and  born 
April  10,  1820.  He  studied  law  with  his  father,  who  had  a 
large  practice  in  that  state.  He  received  a  good  academic 
education,  and  at  one  time  contemplated  entering  the  army, 
and  for  that  purpose  attended  the  military  school  at  Lex- 
ington. We  are  unable  to  state  how  long  he  remained 
there,  nor  do  we  know  what  induced  him  to  embark  in  the 
legal  profession;  but  the  probability  is  that  he  was  influ- 
enced by  the  wishes  of  his  fiither.  In  November,  1842,  he 
married  Miss  Sarah  E.  Rebeck,  of  Lee  County,  Virginia, 
and  two  years  from  that  time  moved  to  Missouri  and  settled 
at  Danville,  and  was  shortly  afterwards  admitted  to  the  bar. 

For  a  considerable  period  of  time  he  represented  his  dis- 
trict in  the  State  Senate,  and  became  an  acknowledged 
leader  of  his  party.     He  took  an  active  part  in  the  debates, 


BENJAMIN  SHARP.  3O9 

and,  by  the  aid  of  a  strong,  practical  intellect,  exerted  a 
large  and  salutary  influence  upon  all  questions  of  public 
policy.  Though  a  man  of  great  force  of  character,  and  very 
decided  convictions,  he  was  tolerant  of  the  opinions  of 
others,  and  never  assumed  or  arrogated  to  himself  mental 
superiority.  His  influence  proceeded  more  from  his  admit- 
ted ability  than  any  attempt  to  secure  popular  favor. 

During  the  war  he  took  strong  ground  in  favor  of  the 
Union,  and,  by  his  zealous  advocacy  of  the  war  measures  of 
Mr.  Lincoln's  Administration,  provoked  the  hostility  of  the 
rebel  element  of  his  section  of  the  state,  which  sought  and 
accomplished  his  death.  He  was  brutally  murdered  at  Mar- 
tinsburg,  in  July,  1 86 1.  He  left  a  widow  and  four  children, 
most  of  whom  reside  in  Montgomery  City. 

We  never  saw  Mr.  Sharp  at  the  bar,  and  are  not  sufii- 
ciently  posted  as  to  his  legal  attainments  to  enable  us  to 
describe  them  with  that  accuracy  which  is  necessary  in 
biographical  literature;  but  the  fact  that  he  had  a  large 
practice,  and  was  very  successful,  ought  to  leave  no  doubt 
of  his  professional  skill. 

He  was  a  heavy,  thick-set  man,  rather  low  in  stature,  with 
a  broad  and  high  forehead,  and  an  intellectual  cast  of  coun- 
tenance. 


WILLIAM    C.  CARR. 

Judge  William  C.  Carr  was  one  of  the  earliest  American 
residents  of  St.  Louis.  He  came  here  in  1804,  the  same 
year  that  John  Scott,  Edward  Hempstead,  and  Rufus  Easton 
arrived  in  the  territory.  St.  Louis  had  then  a  population  but 
little  exceeding  1,000,  and  the  only  American  resident  fam- 
ilies were  those  of  William  Sullivan  and  Calvin  Adams,  St. 
Genevieve  had  the  largest  population  of  any  town  in  the  ter- 
ritory, and  was  thought  to  be  the  most  desirable  location  for 
a  lawyer.  Its  population  is  not  much  more  now,  while  that 
of  St.  Louis  is  500,000  and  increasing  at  the  rate  of  20,000 
per  annum.  St.  Genevieve  had  greatly  the  advantage  in 
wealth  and  society,  and  as  both  were  located  on  the  Father 
of  Waters,  and  on  the  great  highway  to  the  gulf,  there 
seemed  to  be  but  little  reason  for  giving  St.  Louis  the  pref- 
erence, more  particularly  as  St.  Genevieve  was  adjacent  to 
a  rich  mining  country. 

William  C.  Carr  was  the  son  of  Walter  Carr,  and  born  in 
Albemarle  County,  Virginia,  April  15,  1783.  Of  his  boy- 
hood and  early  education  but  little  is  known.  He  received 
a  good  academic  course ;  studied  law  in  his  native  state  ; 
came  to  Missouri  at  the  age  of  twenty-one ;  was  admitted  to 
the  bar,  and  immediately  entered  upon  the  practice  of  his 
profession.  He  came  to  St.  Louis  directly  from  Louisville, 
and  boasted  that  he  was  only  twenty-five  days  on  the  route. 
Mr.  Carr  was  married  twice,  the  first  time  to  Miss  Ann  Maria 
Elliott,  of  St.  Genevieve,  November  17,  1807,  by  whom  he 
had  three  children,  all  of  whom  survived  him.  Sometime 
after  the  death  of  this  wife,  about  December,  1829,  he  mar- 
ried Miss  Dorcas  Bent,  of  St.  Louis,  daughter  of  Judge  Silas 
Bent,  and  sister  of  Captain  Silas  Bent,  of  the  navy.  By  this 
wife  he  had  six  children,  all  of  whom  were  living  at  his 
death.      He  died  in  St.  Louis,  March  31,  185  i,  in  his  sixty- 


WILLIAM  C.   CARR.  3II 

eighth   year.      His  widow   is   still   living,   and  though  at  an 
advanced  age,  is  in  good  health  and  mental  vigor. 

He  purchased  a  very  handsome  piece  of  ground  just  out- 
side of  the  old  city  limits,  in  a  beautiful  grove,  which  he 
greatly  embellished,  and  upon  which  he  resided  till  his 
death.  It  was  always  known  as  "  Carr  Place,"  and  was, 
until  within  twenty  years  past,  a  favorite  place  of  resort  for 
picnic  and  other  parties. 

About  1826  Mr.  Carr  was  appointed  judge  of  the  St.  Louis 
Circuit  Court,  which  position  he  held  until  the  latter  part  of 
1833,  when  he  resigned.  He  was  a  well-read  lawyer,  and 
must  have  stood  high  at  the  bar,  for  at  that  time  the  power 
of  appointment  was  vested  in  the  governor  and  the  Senate, 
and  was  rarely  exercised  except  upon  the  recommendation 
of  the  bar;  and  it  is  not  likely  that  such  men  as  Geyer,  Bates, 
Gamble,  Allen,  Lawless,  and  Spalding  would  have  sanc- 
tioned the  appointment  if  he  had  been  deficient  in  any  of 
the  qualities  of  a  good  jurist.  Nevertheless,  he  had  enemies 
who  conspired  to  drive  him  from  the  bench,  and  succeeded 
in  procuring  articles  of  impeachment  by  the  Legislature. 
He  was  charged  with  favoritism,  partiality,  prejudice,  oppres- 
sion, neglect  of  duty,  and  incapacity.'  The  trial  took  place 
in  the  winter  of  1832-3,  and,  after  a  tedious  and  protracted 
investigation,  he  was  acquitted.  He  found  his  position  on 
the  bench  very  irksome,  and,  after  holding  it  about  a  year 
longer,  resigned. 

Judge  Carr's  circuit  embraced  several  counties  besides 
St.  Louis.  It  took  in  Gasconade  County,  which  then  ex- 
tended as  far  west  as  the  Osage  River,  and  in  a  southerly 
and  south-westerly  direction  nearly,  if  not  quite,  to  the 
Arkansas  line. 

So  large  was  the  extent  of  country  within  the  limits  of 
this  old  county  that  it  was  called  the  "  state  of  Gasconade." 
Dr.  David  Waldo,  a  noted  citizen,  and  clerk  of  the  courts, 
bore  the  title  of  "  governor  of  the  state  of  Gasconade."  The 
chief  part  of  the  laboring  population  found  employment  in 
the  numerous  saw-mills  on  the  Gasconade,  Big  Piney,  and 
Little  Piney  Rivers.     The  country  abounded  in  extensive  pine 


312  BENCH  AND  BAR   OF  MISSOURI. 

forests,  and  the  lumber  was  rafted  to  St.  Louis  by  way  of  the 
Gasconade  and  Missouri  Rivers. 

In  1838  we  traversed  the  entire  county  on  horseback, 
visited  the  different  mills,  and  learned  much  of  the  character 
of  the  jolly  raftsmen. 

We  also  attended  the  Gasconade  court,  which  was  held 
at  Mt.  Sterling,  the  county-seat,  situated  on  the  Gasconade 
River,  about  twenty-five  miles  south  of  the  Missouri.  For  a 
quarter  of  a  century  the  only  buildings  it  contained  were  a  log 
court-house  with  one  room,  and  a  log  store.  For  hotel  ac- 
commodations the  only  reliance  was  upon  Mrs.  Perkins,  a 
widow,  known  as  Aunt  Beckie,  who  had  a  fine  farm  a  quarter 
of  a  mile  distant,  and  about  twenty  slaves.  This  good  lady, 
who  was  sometimes  called  the  "  queen  of  Gasconade,"  was 
very  small  in  stature,  but  carried  400  pounds  avoirdupois 
weight  in  flesh.  Her  house  consisted  of  three  rooms,  and  in 
these  small  apartments  it  was  not  tincommon,  during  court 
time,  to  bed  from  sixty  to  seventy  persons.  She  lodged  and 
fed  the  judge,  attorneys,  grand  jury,  parties  litigant,  and 
witnesses.  Those  who  could  not  procure  admittance  slept 
upon  the  ha}'-stacks  and  in  the  barn,  or  under  tents  of  rude 
construction.  When  the  sound  of  the  "cornucopia"  was 
heard,  the  judge  and  lawyers  took  seats  at  the  first  table; 
then  came  the  grand  jury  and  others  in  attendance,  until 
the  inner  man  was  amply  supplied.  Aunt  Beckie's  bill 
of  fire  consisted  of  coffee  sweetened  with  molasses,  biscuit 
made  from  coarse  dark  flour,  and  baked  until  as  hard  as  bill- 
iard-balls ;  those  whose  teeth  could  not  penetrate  them  were 
supplied  with  "  corn-dodgers,"  baked  in  hot  ashes.  Among 
the  meats  were  fried  bacon  and  a  superabundance  of  wild 
game,  such  as  venison  and  turkey,  and,  at  least  once  during 
court-week,  "quail  zvithont  toast."  Those  who  dine  at  the 
Lindell  or  Planters'  House  may  smile  at  this  repast,  but  to 
a  man  who  had  traveled  on  a  rough-trotting  horse  forty-five 
miles  in  one  day,  without  a  mouthful  to  eat  and  with  an  ap- 
petite that  would  make  an  anaconda  hide  his  head,  it  was  a 
feast  for  the  gods. 

Among  the  lawyers  who  attended  the  court  from  St.  Louis 


WILLIAM  C.   CARR.  313 

were  Hamilton  R.  Gamble,  Edward  Bates,  Henry  S.  Geyer, 
and  our  worthy  and  venerable  friend,  John  F.  Darby,  and 
Philip  Cole  and  John  S.  Brickey,  of  the  Potosi  bar. 

Mr.  Darby  has  lately  written  a  very  interesting  account  of 
those  primitive  days,  and  has  paid  a  worthy  tribute  to  the 
memory  of  the  good  hostess,  Aunt  Beckie.  He  mentions 
one  event  worthy  of  repeating  :  A  man  was  convicted  before 
Judge  Carr,  at  Mt.  Sterling,  for  some  light  offense.  The 
court  imposed  upon  him  a  fine  of  ^5,  and  two  hours'  im- 
prisonment in  the  county  jail ;  but,  as  there  were  no  jails  in 
those  times,  the  sheriff,  who  had  been  lately  installed  in  of- 
fice, was  at  a  loss  to  know  how  to  execute  the  sentence.  It 
is  said  that  necessity  is  the  mother  of  invention  ;  it  certainly 
proved  so  in  this  case,  for  the  officer,  seeing  in  the  rear  of 
the  store-house  an  old  crate  in  which  crockery  had  been 
brought  from  St.  Louis,  placed  it  in  front  of  the  court-house 
and  made  the  culprit  get  under  it,  and  summoned  a  guard  of 
four  fat  men  to  sit  upon  it ;  and  in  this  way  was  the  judgment 
of  the  court  enforced.  This  novel  method  of  imprisonment 
created  among  the  by-standers  much  merriment.  They 
walked  around  the  cage,  inquiring  of  the  guard  the  nature 
of  the  animal  confined;  whether  wild  or  tame;  when  and 
where  he  was  caught ;  upon  what  he  was  fed ;  and  divers 
other  questions  suggested  by  the  occasion.  As  soon  as  the 
poor  fellow  was  released  he  fled  from  the  sight  of  his  perse- 
cutors. 

In  those  early  times  the  greatest  crime  known  to  the  com- 
mon laiu  of  the  state  of  Gasconade  was  horse-stealing.  The 
most  summary  punishment  immediately  followed  conviction. 
The  culprit  was  stripped  of  his  shirt,  tied  to- a  post,  and  was 
made  to  receive  on  his  bare  back  a  given  number  of  blows 
—  generally  about  forty  —  inflicted  by  the  sheriff  with  a 
coarse  lash  or  rawhide.  It  was  a  terrible  punishment,  and 
the  stealer  of  horses  dreaded  it  far  more  than  the  gallows. 


Spencer  Pettis. 

Mr.  Pettis  was  born  in  Virginia,  had  the  advantages  of  a 
good  education,  came  to  Missouri  about  the  time  of  the 
commencement  of  our  state  government,  and  entered  upon 
the  practice  of  the  law  in  St.  Louis.  He  was  esteemed  a 
man  of  fine  legal  attainments,  and  became  very  popular 
with  the  people.  He  espoused  the  Democratic  cause,  and 
was  ardent  and  active  in  its  support. 

In  July,  1826,  he  was  appointed  to  the  office  of  secretary 
of  state,  and  in  1828  resigned,  and  was  elected  to  Congress. 
In  1830  he  was  reelected,  beating  David  Barton,  who  for  ten 
years  represented  Missouri  in  the  United  States  Senate. 
On  August  27,  1830,  Mr.  Pettis  was  killed  by  Major  Thomas 
Biddle,  in  a  duel  on  Bloody  Island,  opposite  St.  Louis. 

Major  Biddle  was  pay-master  in  the  army,  and  a  brother 
of  Nick  Biddle,  president  of  the  United  States  Bank,  and 
of  Commodore  Biddle,  of  the  navy.  He  married  Ann,  a 
daughter  of  John  Mullanphy,  Esq.,  and  resided  in  St.  Louis. 

The  difficulty  grew  out  of  the  canvass  of  1830.  Mr.  Pettis 
had  issued  an  address  to  the  people,  in  which  he  commented 
with  much  severity  upon  the  course  pursued  by  the  bank, 
which  Major  Biddle  construed  as  reflecting  upon  the  personal 
integrity  of  his  brother.  The  canvass  itself  was  very  excit- 
ing and  bitter,  and  conducted  with  very  little  courtesy  or  de- 
corum. On  July  25th,  just  preceding  the  election,  Major 
Biddle  called  at  the  City  Hotel,  where  Mr.  Pettis  was  board- 
ing. It  was  early  in  the  morning,  before  the  boarders  were 
up.  He  asked  a  servant  to  show  him  the  room  of  Mr.  Pet- 
tis. Upon  entering  it  he  found  Mr.  Pettis  reclining  upon  a 
mattress  spread  upon  the  floor,  with  only  a  sheet  around  him. 
He  was  at  the  time  in  very  feeble  health.  Major  Biddle 
awoke  him,  and  inflicted  upon  him  a  severe  chastisement  with 


SPENCEK  PETTIS.  315 

a  cowhide.     Mr.  Pettis  made  all  the  resistance  in  his  power, 
which,  however,  was  ineffectual. 

The  friends  of  Mr.  Pettis  insisted  upon  his  challenging 
Major  Biddle  at  once,  but  he  replied  that  he  would  not  do 
so  until  after  the  election  ;  for,  if  he  was  killed,  it  would 
leave  the  Democratic  party  without  a  candidate  (the  election 
being  only  ten  days  off),  and  secure  the  election  of  his  op- 
ponent. Judge  Barton. 

Mr.  Pettis  was  elected,  and  after  the  result  was  known,  he 
sent  the  challenge.  They  met  on  Bloody  Island  on  the  even- 
ing of  August  27,  1830.  Major  Biddle  was  near-sighted,  and 
they  fought  with  pistols  at  five  paces.  At  the  first  fire  both 
fell  mortally  wounded.  Biddle  was  shot  in  the  abdomen, 
and  Pettis  in  the  side,  just  below  the  chest.  The  fire  was  so 
simultaneous  that  the  by-standers  concluded  that  one  of  the 
pistbls  had  failed  to  go  off.  Mr.  Pettis  died  the  next  day 
(Saturday),  and  Major  Biddle  survived  till  Monday.  Before 
leaving  the  field,  and  with  a  knowledge  that  both  must  die, 
they  shook  hands,  and  expressed  much  regret  at  the  result. 

Mr.  Pettis  never  married,  and  Major  Biddle  left  no  chil- 
dren. 


JOHN    ANDERSON. 

This  gentleman  died  before  we  came  to  Missouri,  and  was 
one  of  the  earHest  lawyers  at  the  Palmyra  bar.  He  was  a 
Kentuckian  by  birth,  and  received  a  good  academic  educa- 
tion. He  emigrated  to  Missouri  about  1830,  and  settled  at 
Palmyra,  and  died  about  five  years  afterwards. 

Though  his  professional  career  was  short,  he  acquired  con- 
siderable reputation  as  an  orator,  which  soon  brought  him  a 
good  practice.  He  was  well  read  in  the  law,  having  acquired 
his  legal  education  in  the  Transylvania  Law  School,  at  Lex- 
ington. There  are  a  few  persons  still  living  in  north-east  Mis- 
souri who  recollect  him  as  a  man  of  fine  personal  appearance, 
with  winning  and  agreeable  manners.  He  was  very  success- 
ful as  an  advocate,  and  was  generally  employed  in  cases 
where  the  battle  was  to  be  fought  before  a  jury.  We  have 
not  learned  that  he  ever  held  any  official  position. 

It  is  to  be  regretted  that  so  little  is  known  of  one  who  bid 
fair  to  obtain  professional  distinction. 


James  B.  Gardenhire. 

There  is  no  species  of  literature  more  neglected  than 
biographical,  and  no  people  more  amenable  to  the  charge  of 
such  negligence  than  our  own.  The  English  and  French 
people  devote  more  attention  to  this  branch  of  knowledge 
than  probably  any  other,  but  even  with  them  there  is  a  cul- 
pable omission  which  admits  of  neither  apology  nor  excuse. 
When  we  recall  the  names  of  the  many  heroes  and  patriotic 
statesmen  who  devoted  their  lives  to  the  attainment  of  our  in- 
dependence, it  is  sad  to  reflect  how  few  of  them  are  known, 
even  in  history,  to  the  present  generation. 

These  reflections  are  induced  by  the  fact  that  we  have 
almost  forgotten  that  there  was  such  a  man  in  Missouri  as 
James  B.  Gardenhire;  yet  but  few  years  have  elapsed  since 
the  press  was  proclaiming  his  ability  as  a  lawyer,  and  his 
patriotic  efforts  to  advance  the  interests  of  his  state.  We  met 
him  the  first  time  in  Jefferson  City,  in  the  winter  of  1846-7, 
and  served  with  him  in  the  Legislature  then  in  session  ; 
became  intimate  friends,  continued  so  until  his  death  ;  and 
the  more  we  knew  of  him  the  more  highly  did  we  appreciate 
his  learning,  integrity,  and  professional  ability.  He  rep- 
resented the  county  of  Buchanan,  and  proved  a  most  faith- 
ful servant  of  the  people.  It  was  the  revising  session,  and 
as  both  of  us  were  on  the  Judiciary  Committee,  we  had 
ample  opportunity  to  estimate  his  services.  A  more  atten- 
tive, laborious,  and  useful  member  was  not  found  in  either 
house. 

Of  the  boyhood  and  early  education  of  General  Garden- 
hire  but  little  is  known.  He  was  born  near  Nashville,  Ten- 
nessee, in  1 82 1,  and  received  his  legal  education  and  was 
admitted  to  the  bar  in  that  state.  He  came  to  Missouri  in 
1840  or  1 84 1,  and  settled  in  Sparta,  then  the  county-seat  of 
Buchanan  County,  but  afterwards  moved  to  St.  Joseph. 


3l8  BENCH  AND  BAR   OF  MISSOURI. 

In  September,  185  i,  he  was  appointed,  by  Governor  King, 
attorney-general  of  the  state,  to  fill  a  vacancy;  and  in  Au- 
gust, 1852,  was  elected  by  the  people  to  the  same  office  for 
a  term  of  four  years. 

General  Gardenhire's  ability  as  a  lawyer  was  fully  recog- 
nized by  the  Missouri  bar.  He  had  a  clear,  logical,  compre- 
hensive mind,  and  was  gifted  with  more  than  ordinary  power 
as  an  orator.  His  speeches  in  the  Legislature,  and  many  of 
his  arguments  in  the  Supreme  Court,  evince  a  high  order  of 
mental  training. 

Though  born  in  a  slave  state,  he  became  satisfied  that 
slavery  was  a  great  drawback  to  the  progress  of  Missouri ; 
that  it  not  only  impeded  immigration,  but  kept  us  from 
attaining  the  capital  and  labor  necessary  to  develop  our  agri- 
cultural and  mineral  resources.  Hence  he  favored  the  system 
of  gradual  emancipation,  and  upon  the  breaking  out  of  the 
war  advocated  its  immediate  abolishment.  At  the  state  elec- 
tion in  184-  a  ticket  was  put  in  the  field  by  the  anti-slavery 
party,  and  General  Gardenhire's  name  placed  at  the  head  of 
it  as  a  candidate  for  governor.  It  is  within  our  knowledge  that 
he  was  opposed  to  making  the  fight  upon  the  slavery  ques- 
tion at  that  time,  for  he  did  not  think  that  the  public  mind 
was  prepared  for  it ;  and,  as  it  would  be  generally  conceded 
that  there  was  no  possibility  of  success,  two-thirds  of  the 
anti-slavery  men  would  give  their  vote  to  one  or  the  other  of 
the  two  great  contending  parties,  and  thus  exliibit  a  weak- 
ness on  the  part  of  those  opposed  to  slavery  which  did  not 
exist,  and  the  result  would  be  detrimental  to  their  future 
prospects.  In  this,  however,  he  was  overruled.  But,  not 
being  willing  to  flinch  from  any  duty  assigned  him,  he  under- 
took the  race,  and  the  result  was  that  his  ticket  only  received 
about  10,000  votes. 

In  1 86 1  he  was  appointed,  by  President  Lincoln,  solicitor 
of  the  Court  of  Claims,  and  moved  with  his  family  to  Wash- 
ington City.  In  1862  his  health  became  greatly  impaired, 
and  he  resigned  his  office  and  returned  to  Missouri,  where  he 
shortly  after  died. 

He  was  very   diminutive  in   stature,  and   what  made   him 


JAMES  B.   GARDENHIRE.  319 

appear  still  more  so  was  his  habit  of  wearing  a  long  frock- 
coat,  reaching  considerably  below  his  knees,  and  cut  in  the 
style  usually  adopted  by  Methodist  ministers.  He  was  a 
devoted  student  through  life,  very  temperate  in  his  habits  — 
even  to  abstemiousness  — and  a  man  of  the  most  incorrupti- 
ble integrity.  He  was  as  artless  as  a  child,  and  esteemed 
every  man  as  honest  until  the  contrary  was  shown.  This 
often  made  him  the  victim  of  designing  men,  and  led  him 
finally  to  the  loss  of  his  entire  property  by  investing  it  in 
broken  lands  around  Jefferson  City,  under  the  persuasion 
that  Jefferson  was  destined  to  become  a  great  inland  city, 
second  only  in  commercial  and  manufacturing  importance  to 
St.  Louis.  So  infatuated  was  he  in  relation  to  it  that  he 
would  not  listen  to  any  doubt  which  his  friends  expressed. 
He  eventually  became  aware  of  his  mistake,  when  it  was  too 
late  to  avoid  the  catastrophe.  This  no  doubt  had  an  inju- 
rious effect  upon  his  mind,  and  probably  contributed  to  his 
impaired  health. 

He  left  an  interesting  family,  consisting  of  a  wife  and  sev- 
eral children.  His  widow  has  since  married  General  Simp- 
son, adjutant-general  on  the  staff  of  Governor  Fletcher.  One 
of  his  daughters  married  Major  Reeves  Leonard,  son  of 
Abiel  Leonard,  and  she  is  now  a  widow. 

As  a  politician  General  Gardenhire  was  firm,  consistent, 
and  reliable,  and  in  the  avowal  of  his  opinions,  open  and 
decided.  When  it  became  necessary  to  assume  any  respon- 
sibftity,  he  did  so  without  inquiring  into  its  probable  effect 
upon  his  own  welfare.  This  was  well  illustrated  in  his  can- 
didacy for  the  governorship  on  the  slavery  question,  when  he 
well  knew  that  his  views  were  in  conflict  with  those  of  nine- 
tenths  of  the  voters  of  the  state.  He  was  a  bold  and  fear- 
less champion  of  free  trade  and  free  labor.  His  great  sim- 
plicity of  character,  unselfishness,  and  candor  exempted  him 
from  the  jealousy  of  his  legal  associates,  and  made  him  at 
once  a  favorite  with  them  all. 

The  primary  cause  of  his  death  is  unknown  to  us. 


Alfred  W.  Carr. 

This  lawyer,  who  practiced  in  Troy,  Lincohi  County,  Mis- 
souri, was  a  native  of  Kentucky,  and  born  in  Fayette  County 
in  1804  or  1805.  His  preliminary  education  was  obtained  in 
the  common  schools,  and  in  1822  he  entered  Transylvania 
University,  then  under  the  presidency  of  Horace  Holley,  and 
graduated,  among  the  first  of  his  class,  in  July,  1824.  After 
pursuing  a  regular  course  of  legal  studies,  he  came  to  Mis- 
souri in  the  summer  of  1827,  remaining  awhile  in  St.  Louis 
with  his  uncle,  William  C.  Carr,  who  was  then  judge  of  the 
St.  Louis  Circuit  Court. 

In  1828  he  located  at  Troy,  Lincoln  County,  and  there  en- 
tered upon  the  practice  of  the  law.  In  the  fall  of  that  year 
he  returned  to  Fayette  County,  and  there  married  the  bride 
of  his  youth.  Miss  Elizabeth  Graves,  daughter  of  Major  Am- 
brose Graves,  a  gallant  soldier  who  fell  at  the  battle  of  the 
River  Raison,  in  the  War  of  1812.  With  his  bride  Mr.  Carr 
returned  to  Troy,  Missouri,  and  soon  became  actively  en- 
gaged in  the  practice  of  his  profession,  and  attended  the 
courts  of  Lincoln,  Pike,  Ralls,  St.  Charles,  and  Montgomery. 
Hon.  Beverly  Tucker  was  then  judge  of  the  circuit.  Con- 
temporary with  Mr.  Carr  were  Ezra  Hunt,  Carty  Wells, 
Charles  S.  Hempstead,  John  C.  Naylor,  and  others  whose 
names  do  not  now  occur  to  us.  After  a  few  years  of  suc- 
cessful practice,  he  was  suddenly  taken  sick  and  died. 

The  death  of  one  so  young,  and  with  such  bright  prospects 
before  him,  and  so  universally  esteemed  by  the  people  of 
Lincoln  and  the  adjoining  counties,  was  a  great  shock  to  the 
public  mind.  Had  Mr.  Carr  lived  a  few  years  longer,  he  un- 
doubtedly would  have  occupied  a  high  rank  at  the  bar,  for 
he  had  many  elements  of  professional  success.  He  had  a 
fine  address,  a  pleasant  and  affable  demeanor,  was  popular 
with  the  people,  and  withal  a  fluent  and  impressive  speaker. 


ALFRED    W.   CARR.  32  1 

Before  a  jury  he  was  influential  and  forcible,  and  as  a  polit- 
ical debater,  popular  and  effective. 

Mr.  Carr  left  a  widow  and  several  children,  A  few  years 
after  her  husband's  death,  Mrs.  Carr  married  Colonel  A.  B. 
Chambers,  a  lawyer  in  Pike  County,  who  afterwards  distin- 
guished himself  as  editor  and  proprietor  of  the  Alissotiri  Re- 
publican. She  again  became  a  widow,  and  is  now  a  resident 
of  St.  Louis,  where  she  is  universally  esteemed  and  beloved. 
One  of  his  sons  married  a  daughter  of  Wayman  Crow,  Esq., 
one  of  the  leading  merchants  of  St.  Louis. 
21 


Felix  Hunton. 

This  gentleman  was  a  lawyer  residing  in  Warsaw,  Benton 
County,  Missouri,  and  for  many  years  practiced  in  the  Sev- 
enth Judicial  Circuit,  then  composed  of  the  counties  of  l^en- 
ton,  Pulaski,  Polk,  Greene,  Barry,  and  Taney.  Foster  P. 
Wright  was  judge  of  the  circuit,  and  the  circuit  took  in 
almost  the  entire  south-western  part  of  the  state. 

Mr.  Hunton  was  a  brother  of  the  Hon.  Logan  Hunton,  of 
the  St.  Louis  bar,  a  gentleman  well  known  for  his  learning 
and  professional  ability.  He  was  the  second  son  of  Thomas 
and  Ann  Hill  Hunton,  and  was  born  in  Albemarle  County, 
Virginia,  in  the  year  i8o8.  The  family  emigrated  to  Ken- 
tucky in  i8i6,  and  the  father  died  there  a  few  years  after- 
wards, leaving  a  widow  and  seven  children. 

Young  Hunton  was  educated  at  the  Stanford  Academy, 
and  at  an  early  age  showed  a  predilection  for  mercantile  pur- 
suits ;  became  a  merchant  in  Stanford,  and  extended  his 
business  to  other  points.  A  few  years  afterwards  he  married  a 
Miss  Taylor,  who  died  within  a  year,  and  during  his  absence 
at  one  of  his  trading-posts.  He  took  her  death  very  hard, 
for  he  was  a  man  of  ardent  and  positive  feelings  and  strong 
attachments.  He  never,  in  fact,  recovered  from  the  blow, 
and  his  friends  advised  him  to  give  up  his  business  in  Ken- 
tucky and  travel.  He  had  a  stock  of  goods  in  Tennessee 
and  one  in  northern  Mississippi,  which,  with  some  he  had 
bought  in  Philadelphia,  he  sent  to  St.  Louis,  consigned  to 
Tompkins,  Blaine  &  Barret,  commission  merchants,  and  im- 
mediately afterwards  their  warehouse  and  its  contents  were 
destroyed  by  fire,  including  Mr.  Hunton's  goods,  upon  which 
he  had  no  insurance.  He  then  returned  to  Kentucky  and 
commenced  the  study  of  the  law,  and  on  completing  his 
studies,  in  1839,  entered  upon  the  practice  at  Warsaw.      He 


FELIX  HUNTON.  323 

had  previously,  however,  in  1831,  opened  a  mercantile  house 
in  Lexington,  Missouri,  which  he  soon  abandoned. 

His  talents,  industry,  energy,  and  exemplary  habits  soon 
gave  him  a  good  practice,  and  he  at  once  took  a  high  rank  in 
the  profession.  Among  those  who  practiced  at  that  time  in 
the  south-western  circuit,  residing  at  Warsaw,  were  C.  P.  Bul- 
lock, D.  C.  Ballou,  Benjamin  P.  Major,  George  Dixon,  Mark 
L.  Means,  and  Thomas  Ruffin.  Phelps,  Yancey,  Waddle, 
and  Hendricks,  of  Springfield,  practiced  in  the  same  courts. 

Mr.  Hunton  had  no  inclination  for  office,  and  never  would 
permit  his  name  to  be  used  as  a  candidate  ;  hence  he  filled 
no  public  position.  He  acquired  a  competency,  and  pur- 
chased a  handsome  farm  in  the  vicinity  of  Warsaw,  upon 
which  he  resided  till  his  death  in  1873. 

He  left  no  family,  but  a  large  circle  of  friends  who  greatly 
esteemed  him  for  his  high  moral  worth  and  strict  integrity. 


William  Scott. 

It  is  exceedingly  gratifying  to  us  to  be  able  to  contribute 
something  towards  preserving  the  memory  of  one  of  the 
ablest  and  purest  men  that  ever  wore  the  judicial  ermine  in 
our  state. 

William  Scott  was  born  in  Warrenton,  Fauquier  County, 
Virginia,  June  7,  1804.  He  received  a  good  E  iglish  educa- 
tion at  the  Fauquier  Academy,  but  never  acquired  a  knowl- 
edge of  the  classics,  nor  did  he  ever  become  very  proficient 
in  English  literature.  It  is  said  that  Judge  Swayne,  of  the 
United  States  Supreme  Court,  and  Senator  Foote,  of  Missis- 
sippi, were  his  classmates. 

Judge  Scott  commenced  the  study  of  the  law  at  the  age  of 
eighteen,  with  Inman  Horner,  an  able  lawyer  of  Warrenton, 
and  was  admitted  to  the  bar  on  reaching  his  majority.  He 
could  not  have  practiced  much,  if  any,  in  Virginia,  for  in  the 
fall  of  1826  he  came  to  Missouri,  and  settled  in  old  Franklin, 
Howard  County.  He  was  not  very  successful  as  a  lawyer, 
though  one  of  the  best-read  lawyers  of  his  age.  He  seemed 
to  be  disqualified  for  the  practice,  by  reason  of  his  excitable 
temperament.  The  least  thing  would  annoy  and  vex  him, 
and  he  would  at  times  become  so  irritated  and  confused  as 
to  be  thrown  completely  off  his  guard,  thereby  opening  the 
way  to  his  opponent  for  an  easy  victory.  By  reason  of  this 
defect  in  his  character  as  a  lawyer,  his  friends,  who  h  id  a 
high  appreciation  of  his  knowledge  of  the  law,  made  a  suc- 
cessful effort  to  place  him  on  the  bench,  and  he  was  ap- 
pointed by  the  governor,  about  1835,  judge  of  the  Ninth 
Judicial  Circuit,  embracing  the  counties  of  Franklin,  Gas- 
conade, Jefferson,  Washington,  Perry,  and  St.  Frangois,  and 
he  took  up  his  residence  on  a  small  farm  about  four  miles 
south  of  Union,  the  county-seat  of  Franklin  County. 

We  there  visited  him  in  the  winter  of  1836-7,  and  a  warm 


WILLIAM  SCOTT.  325 

friendship  was  created  between  us,  which  lasted  till  his 
death.  This  enables  us  to  speak  of  his  character  and  attain- 
ments from  a  personal  knowledge. 

In  1835  he  married  Elizabeth  J.  Dixon,  of  Cole  County,  an 
estimable  lady,  who  bore  him  six  children,  and  made  him  a 
most  devoted  wife. 

As  a  Jiis-i-pnits  ]udgQ  he  was  very  successful  —  so  much  so 
that  he  attracted  the  attention  of  many  of  the  prominent 
lawyers  in  the  state,  who  expressed  a  strong  desire  to  see 
him  on  the  bench  of  the  Supreme  Court,  to  which  position 
he  was  appointed  in  August,  1841,  and  soon  became  pre- 
siding judge.  Judge  Scott  became  one  of  the  most  eminent 
and  profound  jurists  that  ever  adorned  the  Western  bench, 
and  his  opinions,  contained  in  the  Missouri  Reports  from  1838 
to  i860,  form  no  inconsiderable  part  of  our  judicial  learning. 
After  his  appointment  to  the  supreme  bench  he  returned  to 
Cole  County,  and  spent  the  remainder  of  his  life  on  a  farm  a 
few  miles  west  of  Jefferson  City. 

He  died  at  his  residence.  May  18,  1862,  in  his  fifty-eighth 
year. 

Whilst  nature  had  bestowed  upon  him  a  vigorous  intellect, 
she  withheld  from  him  all  the  graces  of  person.  He  was 
very  large,  and  must  have  weighed,  when  in  health,  at  least 
250  pounds,  and  was  as  awkward  as  large.  His  supera- 
bundance of  flesh  was  a  great  burden  to  him,  and  it  was  with 
the  utmost  difficulty  that  he  could  walk  any  distance  without 
getting  out  of  breath.  He  had  a  swaggering  walk,  much 
like  that  of  a  sailor  when  he  lands  from  a  long  and  boister- 
ous voyage. 

The  judge  had  a  morbid  fear  of  drowning,  and  while  on 
the  circuit  bench  had  to  ford,  on  horseback,  several  streams 
to  reach  his  courts,  there  being  no  bridges  and  very  few 
ferries  at  that  period.  We  frequently  accompanied  him,  and 
upon  one  occasion,  during  a  very  cold  day  in  the  winter,  we 
had  to  ford  the  Meramec  River.  A  rain  the  day  before  had 
swelled  the  stream,  and,  as  he  was  unable  to  swim,  he  in- 
sisted upon  our  leading  the  way  ;  and  when  we  reached  the 
opposite  bank,  he  started  in,  dragging  his  feet  through  the 


326  BENCH  AND  BAR   OF  MISSOURI. 

cold  water  all  the  way.  We  afterwards  learned  that  this  was 
an  invariable  custom  with  him,  resulting  from  a  fear  of  falling 
from  his  horse ;  and  it  annoyed  him  no  little  to  find  that 
those  who  accompanied  him  escaped  a  cold  foot-bath. 

Judge  Scott  had  no  force  whatever  as  a  speaker,  and 
never  attempted  to  address  a  promiscuous  assembly,  nor  did 
he  cultivate  any  of  the  arts  of  elocution.  As  a  judge  he 
was  eminently  just,  and  never  would  permit  a  wrong  to  be 
perpetrated  if  in  his  power  to  prevent  it.  He  had  a  high 
appreciation  of  justice  and  fair  dealing.  We  well  recollect 
that,  while  holding  a  term  of  his  court  in  Gasconade  County, 
the  sheriff  was  endeavoring  to  sell  under  execution  a  farm 
belonging  to  a  man  who  was  poor,  and  unable  to  satisfy  the 
judgment  against  him.  The  highest  bid  he  received  was  $20 
for  land  well  worth  $500.  The  judge,  on  learning  the  facts, 
directed  the  sheriff  to  stop  the  sale,  declaring,  in  a  very  em- 
phatic way,  "that  as  long  as  he  sat  on  the  bench,  no  man's 
home  should  be  taken  from  him  for  so  paltry  a  sum." 

This  is  not  unlike  the  course  of  Judge  Grier,  late  of  the 
United  States  Supreme  Court,  who,  when  holding  a  court  in 
Pennsylvania,  became  greatly  outraged  at  a  verdict  of  a  jury, 
and,  as  the  clerk  was  about  to  enter  it,  said  :  "  Mr.  Clerk, 
that  verdict  is  set  aside  by  the  court.  It  may  as  well  be 
understood  that  in  this  state  it  takes  thirteen  men  to  steal  a 
man's  farm." 

Judge  Scott  followed  strictl}'  the  legal  maxim,  "  l^^oni 
Judicis  est  ajnpliare  jurisdiciionem.''  It  is  not  to  be  under- 
stood, however,  that  he  would  transcend  the  law  to  mete  out 
justice,  but  where  a  statute  could  possibly  admit  of  more 
than  one  construction,  or  where  there  was  the  least  room  for 
any  doubt  as  to  the  law,  he  would  accept  that  which  in  his 
judgment  best  tended  to  subserve  the  ends  of  justice. 

Although  in  this  state  we  have  abolished  in  form  some  of 
the  distinctions  between  law  and  equity,  yet  he  never  lost 
sight  of  the  fact  that  he  was  still  a  chancellor,  with  the  same 
power  to  enforce  the  principles  of  equity  as  formerly.  This 
blending  of  law  and  equity  has  its  advantages  as  well  as  dis- 
advantages, and   in  the  hands  of  a  just  judge,  possessing  a 


WILLIAM  SCOTT.  327 

fine  sense  of  discrimination,  may  be  wielded  largely  in  the" 
maintenance  of  ric;lil  and  justice. 

Nothing"  so  rufticd  the  judge's  temper  as  an  attempt  to 
perpetrate  a  tVaud  ;  and  when  he  h.id  occasion  to  deliver  an 
opinion  in  a  case  the  K-ast  tainted  in  that  respect,  his  denun- 
ciation Wcis  nicjst  scathing. 

The  f)rmer  custom  of  the  Supreme  Court  was  to  announce 
that  on  a  certain  day  the  court  would  dch\cr  oj^inions,  \\hich 
always  brought  to  the  court-room  a  large  number  of  attor- 
neys. Each  judge  read  the  oi)inions  written  by  him,  and  on 
one  of  these  occasions.  Judge  Scott,  while  reading  an  opin- 
ion in  a  case  in  which  a  guardian  had  defrauded  his  ward, 
rose  from  his  seat,  and,  in  a  most  violent  and  excited  man- 
ner, declared  that  the  scoundrel  richly  deserved  the  halter. 

By  an  act  of  the  Constitutional  Convention,  in  the  early 
part  of  the  Rebellion,  the  offices  of  the  judiciary  were 
declared  vacant,  and  Judge  Scott  died  shortly  afterwards. 
We  do  not  know^  that  he  was  a  disunionist,  but  he  unques- 
tionably sympathized  with  the  Confederacy. 

Judge  Scott  was  a  man  of  kind  heart  and  generous 
impulses,  and  for  strict,  unswerving,  unrelenting  integrity  he 
had  no  superior.  He  would  have  been  regarded  as  an 
honest  man  even  in  the  da}'s  of  Sam  Johnson,  when  but 
little  charity  was  felt  for  the  legal  fraternity.  Jeafferson  says 
that  Johnson  was  once  passing  a  church  in  Surrey,  and  see- 
ing some  people  weeping  over  a  grave,  asked  one  of  the 
women  why  they  wept.  "Oh,"  said  she,  "we  have  lossed 
our  precious  lawyer.  Justice  Randall;  he  kept  us  all  in 
peace,  and  always  was  so  good  as  to  keep  us  from  going  to 
law  —  the  best  man  overlived."  "Well,"  said  Johnson,  "I 
will  send  you  an  epitaph  to  write  upon  his  tomb  ;  "  which 
was: 

"God  works  wonders  now  and  Ihcn  — 
Here  lies  a  lawyer  an  honest  man." 

Johnson  was  not  alone  in  his  estimate  of  lawyers,  for  when 
Peter  the  Great  first  visited  London  he  expressed  much  sur- 
prise at  seeing  so  many  lawyers.     "  Why,"  said  he,  "  I  have 


0 


28  BENCH  AND  BAR   OF  MISSOURI. 


but  two  in  my  whole  kingdom,  and  I  shall  hang  one  of  them 
as  soon  as  I  get  home." 

Among  the  attaches  of  the  court  while  Judge  Scott  was 
on  the  bench  was  Billy  Hart,  a  fine-looking  and  intelligent 
mulatto,  who  as  janitor  served  the  court  faithfully  fora-quar- 
ter  of  a  century,  and  was  a  universal  favorite  with  the  bar. 
Billy  was  one  of  the  finest  of  mimics,  and  could  personate 
either  of  the  judges  in  voice,  language,  and  manner.  Often, 
to  amuse  the  attorneys,  he  would  (before  the  arrival  of  the 
judges)  take  a  seat  upon  the  bench,  and  deliver  an  opinion 
in  the  name  of  any  one  called  for.  Billy  was  a  man  of  infi- 
nite jest,  and  notwithstanding  the  judges  knew  that  they 
were  constantly  the  objects  of  his  wit  and  satire,  yet  they 
were  inseparable,  for  he  was  most  attentive  to  their  wants, 
and  could  bear  with  composure  any  amount  of  scolding. 
Billy  had  many  trite  sayings,  one  of  which  was  that  however 
united  liis  court  might  be  upon  most  questions,  there  was  one 
upon  which  Judges  Scott  and  Napton  could  never  agree, 
and  that  was  as  to  the  temperature  that  should  be  observed 
in  the  court-room  during  the  winter. 

To  appreciate  Billy's  story  the  reader  must  know  that 
Judge  Scott,  as  before  stated,  was  a  man  weighing  250 
pounds,  while  Judge  Napton,  who  was  very  thin  and  spare, 
could  not  have  exceeded  no.  But  we  will  let  Billy  tell  his 
own  story  : 

"Judge  Napton,"  said  he  "generally  entered  the  court- 
room first,  with  his  overcoat  buttoned  to  the  throat,  and 
would  immediately  mount  me  for  not  having  a  better  fire. 
'  Good  God !  Billy,'  he  would  say,  '  do  you  think  I  am  a  Lap- 
lander, and  can  digest  an  iceberg?     Fire  up,  Billy;   fire  up.* 

"In  a  short  time  Judge  Scott  would  make  his  appearance, 
and  immediately  open  his  vest,  take  off  his  cravat,  and 
begin  to  puff  and  blow  like  a  porpoise.  '  Billy,  what  does 
this  mean?  Do  you  take  me  for  a  Hottentot?  Open  the 
stove-door,  and  throw  up  the  window.  For  God's  sake,  man, 
don't  roast  us  alive.' 

"Judge  Napton  would  shiver  like  an  aspen-leaf,  while  the 
perspiration  would  flow  in  torrents  from  the  face  of  Judge 


WILLIAM  SCOTT.  329 

Scott.  From  this  conflict  of  opinion,"  said  Billy,  "there 
was  no  appeal,  and  my  only  escape  was  in  the  opening  of 
the  court.  Sometimes  the  two  judges  would  lock  horns,  and 
I  would  escape  to  the  anteroom,  under  the  pretense  of 
cleaning  up." 

Billy  was  also  janitor  in  the  United  States  District  Court, 
and  frequently  said  that  when  Judge  Wells  entertained  any 
doubt  as  to  the  law,  he  always  did  him  the  honor  to  consult 
hinir 

Judge  Napton  is  the  only  survivor  of  the  court.  Even 
Billy  has  been  g:ithered  to  his  fathers. 

Judge  Scott  died  comparatively  young,  but  his  life  was 
one  of  great  usefulness,  and  the  people  of  Missouri  will  long 
remember  him  as  one  of  their  most  faithful  public  servants. 

"That  life  is  long  which  answers  life's  great  end." 

Judge  Scott  had  a  good  memory  in  regard  to  most  mat- 
ters, but  was  very  deficient  in  respect  to  the  names  of  per- 
sons, which  was  often  the  occasion  of  embarrassing  mistakes. 
Chancellor  Kent  had  the  same  infirmity,  though  to  a  much 
greater  extent.  The  following  admirable  story  is  told  upon 
him  by  Mr.  Edwards,  in  his  "  Pleasantries." 

Upon  one  occasion  he  was  accosted  in  the  street  by  a  gen- 
tleman with  whom  he  was  well  acquainted,  but  whose  name 
had  slipped  his  memory.  "  Good  morning.  Chancellor,"  said 
the  gentleman.  "  H'm,  ha!"  said  his  honor,  "I  was  want- 
ing to  see  you  to  ask  you  to  spell  me  your  name.  My  wife 
and  myself  had  quite  a  discussion  last  evening  as  to  how  it 
should  be  spelt."  "How  do  yoii  spell  it.  Chancellor?"  in- 
quired his  acquaintance,  in  reply,  perfectly  understanding  the 
object  of  the  chancellor's  question.  His  honor  seemed 
posed,  but  rallied,  however,  and  returned  to  the  attack. 
"  Mrs.  Kent  is  a  most  obstinate  woman,  and  always  thinks 
herself  right.  She  persists  in  spelling  your  name  in  her  own 
way,  which,  I  am  sure,  is  not  as  you  spell  it."  "  How  does 
she  spell  it?"  inquired  the  other.  The  poor  chancellor  was 
at  his  wit's  end,  and  was  casting  about  for  another  question, 


330  BENCH  AND  BAR   OF  MISSOURI. 

Avhcn  the  gentleman  remarked,  "  Really,  C'lianccllor,  I  should 
not  think  there  could  be  much  discussion  as  to  the  proper 
spelling  of  S-m-i-l-h,  Smith."  "Yes,"  exclaimed  the  chan- 
cellor, triumi)lKinll}',  "  Mrs.  Kent  alwaws  insists  on  spelling  it 
S-m-y-t-h.  A  very  obstinate  woman  is  Mrs.  Kent,  and  never 
will  be  convinced  that  she  is  in  the  wrong."  The  best  of  the 
joke  was  that  the  gentleman's  name  was  Hamilton. 

Judge  Scott  was  the  personification  of  truth,  and  he  would 
sacrifice  everything  to  maintain  it.  He  could  not  even  enjoy 
a  good  piece  of  wit,  or  a  good  joke  or  anecdote,  if  it  was  at 
the  expense  of  truth.  He  esteemed  it  indispensable  to  any 
one  who  made  the  least  pretensions  to  honesty ;  and  when 
on  the  nisi-prins  bench,  would  become  restless  and  excited 
if  he  thought  a  witness  was  attempting  to  prevaricate.  We 
speak  advisedly  when  we  say  that  a  more  honest  or  upright 
judge  never  sat  on  the  Western  bench.  The  judge  had  one 
weakness  which  was  very  noticeable.  In  writing  his  opinions 
he  made  fre(iuent  use  of  Latin  quotations.  Though  not  a 
classical  scholar,  he  seemed  to  think  that  they  gave  the  opin- 
ions a  semblance  of  deep  learning.  To  avoid  any  mistakes  in 
his  quotations,  he  always  kept  by  him  a  book  of  legal  max- 
ims in  Latin. 


A.  B.  Chambers. 

This  gentleman,  who  for  eighteen  years  was  editor  and 
part  proprietor  of  the  Missouri  Republican,  a  journal  which 
for  half  a  century  has  exerted  an  almost  unlimited  influence 
over  the  public  mind  of  the  West,  was  once  a  prominent  law- 
yer in  north-east  Missouri,  and  bid  fair  to  attain  the  highest 
distinction  in  his  profession.  Yet  there  are  but  few  now 
living  who  recollect  him  as  a  mere  lawyer. 

Adam  Black  Chambers  was  born  in  Mercer,  Mercer  County, 
Pennsylvania,  January  9,  1808,  and  received  an  academic  ed- 
ucation in  that  state.  In  1830  he  came  to  St.  Louis,  and  after 
remaining  there  a  few  weeks  removed  to  Bowling  Green,  in 
Pike  County,  where  he  completed  his  legal  studies  and  was 
admitted  to  the  bar.  It  was  not  long  before  he  was  appointed 
circuit  attorney  for  the  Pike  Circuit,  and  in  that  capacity  ex- 
hibited talents  of  a  high  order.  The  position  itself  was  one 
of  labor  and  responsibility,  and  no  ordinary  man  could  fill 
it,  for  he  was  neccessarily  thrown  in  contact  with  some  of 
the  ablest  men  of  the  Missouri  bar.  The  fact  that  Mr. 
Chambers  discharged  the  duties  of  the  office  with  signal 
ability  is  the  best  evidence  of  his  legal  attainments.  He  was 
a  fluent  and  logical  speaker,  never  indulging  in  flowery  dec- 
lamation, and  his  good  practical  common  sense  paved  the 
way  to  professional  success. 

Mr.  Chambers  in  early  life  manifested  a  fondness  for  poli- 
tics, and  the  people  of  Pike  County  sent  him  to  the  Legisla- 
ture, where  he  soon  acquired  reputation  as  a  forensic  debater. 
For  a  short  time  he  published  a  weekly  paper  in  Bowling 
Green.  In  July,  1837,  he  purchased  an  interest  in  the  Mis- 
souri Republican,  and  at  once  became  its  editor  and  co-pro- 
prietor. The  marked  ability  with  which  that  paper  was 
edited  during  Mr.  Chambers'  life  is  too  well  known  to  need 
any  comments  from  us. 


332  BENCH  AND  BAR   OF  MISSOURI. 

Under  the  editorial  management  of  Mr.  Hyde,  and  the 
proprietorship  of  the  Messrs.  Knapp,  the  paper  still  maintains 
its  supremacy  as  a  Western  journal. 

Mr.  Chambers  died  in  St.  Louis,  May  22,  1854,  in  the 
forty-seventh  year  of  his  age.  He  left  a  widow  and  three 
children  —  son  and  two  daughters  —  and  also  two  step-sons. 
His  remains  were  placed  in  Bellefontaine  Cemetery,  a  cem- 
etery in  which  he  had  taken  a  deep  interest,  and  to  the 
adornment  of  which  he  had  largely  contributed. 

His  fine  business  qualifications  were  frequently  called  into 
requisition,  and  he  became  at  different  times  connected  with 
several  important  corporations,  in  some  of  which  he  acted  as 
president.  He  was  for  some  time  president  of  the  Pacific 
Insurance  Company.  This  company,  as  well  as  the  imder- 
writers  of  St.  Louis,  called  a  meeting  immediately  after 
his  death,  and  paid  a  handsome  tribute  to  his  memory. 

Although  he  had  never  practiced  in  St.  Louis,  the  bar  of 
St.  Louis  were  unwilling  to  let  the  occasion  pass  without 
some  recognition  of  his  early  professional  life,  and  hence 
they  met  at  the  court-house,  and  organized  by  calling  the 
Hon.  John  F.  Darby  to  the  chair,  and  appointing  as  a  com- 
mittee on  resolutions  Hon.  Samuel  Treat,  Hon.  Albert 
Todd,  Hon.  John  C.  Richardson,  R.  S.  Blannerhassett,  Esq., 
and  Henry  S.  Hart,  Esq.  These  gentlemen  reported  a  series 
of  resolutions  which  v/ere  unanimously  adopted.  The  fol- 
lowing is  one  of  them  : 

"  Resolved,  That  the  bar  of  St.  Louis  has  received  with  deep  concern  the 
sad  intelligence  of  the  death  of  our  respected  and  distinguished  fellow-citizen, 
A.  B.  Chambers,  Esq. 

"  Although  not  personally  known  to  all  of  them  as  a  practicing  lawyer,  they 
are  well  aware,  through  the  reported  decisions  of  the  Supreme  Court,  and  the 
fond  recollections  of  his  contemporaries  in  the  profession,  of  his  prominent  po- 
sition at  the  Missouri  bar  in  former  days.  They  have  always  taken  pride  in  the 
fact  that  their  fraternity  has  furnished  to  the  editorial  corps  of  Missouri  and 
the  West  one  of  the  most  energetic,  most  successful,  and  most  influential  of  its 
members.  That,  in  leaving  the  more  immediate  duties  of  the  profession  in 
our  courts,  he  bore  witii  hi  n  into  the  responsible  and  more  widely  influential 
paths  of  journalism  the  fruits  of  his  early  experience  and  education  in  the  laws 
of  his  country,  and  their  influence  upon  the  interests  of  individuals  and. 
communities." 


J.  B.   CHAMBERS.  333 

Mr.  Chambers  was  a  man  of  large  enterprise,  and  took  a 
deep  interest  in  everything  that  concerned  the  growth  and 
prosperity  of  St.  Louis.  His  pen  was  often  employed  in 
disclosing  the  advantages  of  the  city  of  his  adoption,  as  a 
commercial  and  manufacturing  center,  and  he  did  as  much 
as  any  other  writer  to  direct  immigration  to  the  West.  His 
confidence  in  the  future  of  St.  Louis  led  him  to  take  a  lead 
in  all  public  enterprises  looking  to  her  advancement.  It  is 
not  strange,  therefore,  that  the  City  Council  should  take 
some  action  in  reference  to  his  death.  They  met  in  joint 
session,  on  May  26,  1854,  and  adopted  a  series  of  resolutions, 
two  of  which  we  here  give : 

^^  Resolved  by  the  Board  of  Aldermen,  the  Board  of  Delegates  concurring  : 
"I.  That  the  loss  by  death  of  a  distinguished  man  is  at  all  times  a  calamity, 
but  the  loss  of  such  a  man,  at  such  a  time,  and  in  the  very  meridian  of  his  use- 
fulness, is  singularly  unfortunate,  irreparable  in  its  nature,  and  the  severest  blow 
that  our  community  could  have  received. 

"2.  That  in  the  death  of  Colonel  A.  B.  Chambers  we  feel  that  St.  Louis  has 
lost  one  of  her  most  useful  citizens  ;  a  man  who  shrank  from  no  responsibility 
where  the  interests  of  the  city  were  concerned,  and  to  whom  perhaps  more  than 
any  other  man  she  is  indebted  for  the  proud  position  she  now  occupies." 

In  a  letter  recently  received  from  a  distinguished  judge  in 
north-eastern  Missouri,  he  mentions  the  fact  that  in  1835, 
while  engaged  in  the  study  of  the  law,  he  was  present  at  the 
opening  of  one  of  the  courts  over  which  Presley  McBride 
presided.  After  the  grand  jury  was  impaneled,  the  judge 
requested  Mr.  Chambers,  who  was  prosecuting  attorney,  to 
charge  the  jury,  and,  without  any  previous  intimation  that 
such  a  request  would  be  made,  Mr.  Chambers  arose  and 
made  a  clear,  lucid,  and  forcible  charge,  which  elicited  much 
praise  from  the  meiribers  of  the  bar.  The  learned  judge 
states  that  it  is  the  only  instance  in  his  recollection,  in  a 
practice  of  forty  years,  in  which  a  prosecuting  attorney  has 
charged  the  grand  jury.  We  have  no  recollection  of  an  in- 
stance of  the  kind,  though  it  occurs  to  us  that  under  certain 
circumstances  it  might  be  very  proper  and  appropriate. 

In  1843  we  had  a  very  exciting  election  in  Missouri.  A 
meeting  of  the  candidates,  for  jiublic  discussion,  took  place  at 


334  BENCH  AND  BAR   OF  MISSOURI. 

Creve  Coeur  Lake,  which  came  very  near  breaking  up  in  a 
row.  About  the  middle  of  July  an  article,  over  the  signature 
of  "  Veritas,"  appeared  in  the  Missouri  Democrat,  professing 
to  give  an  account  of  the  disturbance.  To  this,  one  Vespa- 
sian Ellis  replied  in  the  columns  of  the  Republican,  over  his 
own  name,  denying  the  truth  of  the  statement  of  "  Veritas." 
In  calling  the  attention  of  the  readers  to  the  letter  of  Mr. 
Ellis,  Mr.  Chambers,  as  editor  of  the  Republican,  in  a  short 
paragraph,  charged  Mr.  Hudson  with  being  the  author  of 
"  Veritas,"  and  trumpeting  his  own  fame  ;  and  expressed  a 
doubt  as  to  his  courage.  Mr.  Hudson  immediately  chal- 
lenged him,  and  the  challenge  was  promptly  accepted.  The 
parties  met  on  Bloody  Island,  opposite  St.  Louis,  on  July 
17th,  and  exchanged  three  shots  with  rifles,  at  forty  paces, 
without  injury  to  either.  The  seconds  then  interposed,  and 
brought  about  an  honorable  and  amicable  settlement.  A 
more  extended  account  of  this  bloodless  duel  will  be  found 
in  our  sketch  of  Captain  Thomas  B.  Hudson.  Both  parties 
displayed  much  coolness  under  fire. 


William  G.  Minor, 

A  brother  of  General  James  L.  Minor,  was  a  practicing  lawyer 
and  prominent  politician  in  Jefferson  City.  He  was  born  in 
Fredericksburg,  Virginia,  on  February  i,  1806,  and  graduated 
at  the  University  of  that  state  in  1824  or  1825.  After  his 
admission  to  the  bar  he  commenced  the  practice  in  Glou- 
cester, and  remained  there  three  years,  when,  through  a 
family  bereavement,  the  duty  of  settling  up  a  large  estate  in 
his  ancestral  home  of  Braynefield,  Caroline  County,  devolved 
upon  him,  and  he  was  compelled  to  remove  there.  He  prac- 
ticed in  Caroline  and  the  adjacent  counties  until  1840,  when 
he  removed  to  Jefferson  City,  Missouri,  where  he  practiced 
till  his  death,  in  February,  1851. 

In  Missouri  he  held  the  various  offices  of  representative  in 
the  Legislature  from  Cole  County,  adjutant-general  of  the 
state,  commissioner  to  survey  our  northern  boundary-line,  and 
secretary  of  the  State  Senate;  and  it  was  during  the  occu- 
pancy of  the  last  office  that  he  died,  at  the  age  of  forty-five 
years. 

We  never  saw  General  Minor  engaged  in  the  trial  of  a 
cause,  but  we  have  witnessed  his  zxal  and  ability  in  legisla- 
tion. He  was  the  most  active  man  in  our  Legislature  in 
procuring  a  modification  of  our  Code  of  Practice,  and  was 
the  author  of  the  bill  which  introduced  what  was  then  called 
the  "  Wells  Code."  It  put  the  ax  to  the  root  of  all  pleading. 
Such  an  innovation  upon  our  long-established  system  of 
pleading  could  not  otherwise  than  invoke  a  violent  opposi- 
tion from  that  portion  of  the  Legislature  who  belonged  to  the 
legal  profession.  It  was  resisted  at  every  point  and  every 
stage,  and  all  parliamentary  devices  were  resorted  to  for  its 
defeat,  but  the  persistent  efforts  of  General  Minor  and  a  (ew 
others  secured  its  passage.  It  made  him  popular  with  the 
friends  of  the  measure  throughout  the  state,  but  he  lived  to 


336  BENCH  AND  BAR   OF  MISSOURI. 

see  its  impracticable  working,  and  in  time  it  was  repealed  by 
the  introduction  of  the  New  York  Code. 

General  Minor  was  a  generous,  good-hearted,  affable  gen- 
tleman, and  had  he  lived  to  a  later  period  would  have 
made  his  mark  in  the  political  history  of  the  state.  He  was 
easy  in  his  manner,  very  accessible,  and  made  friends  among 
all  classes  of  the  community.  He  had  a  fine  memory,  and 
was  well  versed  in  the  political  history  of  his  country  ;  and 
on  the  hustings  an  effective  talker.  He  was  a  man  rather 
under  the  average  height,  and  in  his  dress  careless  and  slov- 
enly. He  would  sit  for  hours  on  a  pile  of  dirt,  expounding 
to  a  few  old  farmers  the  Virginia  Resolutions  of  '98.  With 
an  old  slouch  hat,  a  boot  on  one  foot  and  an  old  untied  bro- 
gan-shoe  on  the  other,  a  stick  in  his  hand  to  whittle  and  an 
old  jackknife  to  whittle  it  with,  and  a  few  friends  to  listen  to 
him,  he  was  as  happy  as  a  lord.  He  looked  at  the  bright  side 
of  everything,  never  anticipated  evil,  and  was  as  well  calcu- 
lated to  meet  the  trials,  tribulations,  and  disappointments  of 
this  life  as  any  one  we  ever  met. 

He  left  a  widow  and  several  interesting  children.     He  was 
highly  esteemed  by  all  who  knew  him. 


Abner  Green 

Was  a  prominent  lawyer  at  Hillsboro',  Jefferson  County,  for 
thirty-two  years,  daring  most  of  which  time  we  enjoyed  the 
pleasure  of  his  acquaintance.  He  was  a  brother  of  James 
S.  Green,  late  United  States  senator,  and  though  not  as 
gifted  a  man  as  his  brother,  was  nevertheless  highly  esteemed 
for  his  fine  legal  attainments,  unflinching  integrity,  and  great 
moral  worth. 

Mr.  Green  was  born  in  Fauquier  County,  Virginia,  on 
'October  9,  1809,  and  his  early  life  was  spent  on  his  father's 
farm  in  that  state,  performing  such  labor  as  is  usual  with  the 
sons  of  farmers  in  moderate  circumstances.  His  education 
was  only  such  as  could  be  obtained  in  that  day  in  the  com- 
mon schools.  At  the  age  of  eighteen  he  left  home,  deter- 
mined to  try  his  fortune  in  the  far  West.  He  sojourned 
several  years  in  Kentucky,  where  he  taught  school,  and 
became  greatly  attached  to  that  state,  for  in  after-life  he  fre- 
quently boasted  of  the  happy  days  he  spent  there.  From 
Kentucky  he  came  to  Missouri,  and  commenced  the  study 
of  the  law  in  the  office  of  his  brother,  James  S.  Green,  in 
the  city  of  Palmyra ;  and,  after  two  years  of  diligent  appli- 
cation, obtained  a  license  to  practice,  and  located  in  Monti- 
cello,  Lewis  County.  He  remained  there,  however,  but  a 
short  time,  and  then  removed  to  Hillsboro',  in  Jefferson 
County,  which  became  his  residence  until  his  death,  which 
occurred  on  July  2,  1876,  at  the  age  of  sixty-seven. 

Mr.  Green  was  a  pleasant  and  logical  speaker,  but  by  no 
means  eloquent.  He  sought  rather  to  convince  the  under- 
standing than  to  please  the  fancy.  Like  his  brother,  he  was 
good  at  repartee,  and  not  unfrequently  turned  an  interrup- 
tion to  advantage.  He  was  tall,  upwards  of  six  feet  high  ; 
and  once,  while  trying  a  cause  in  opposition  to  a  lawyer  who 
22 


338  BENCH  AND  BAR   OF  MISSOURI. 

was  very  low  in  stature,  sharp,  words  passed  between  them, 
when  his  adversary  remarked  "  that  it  was  useless  to  bandy 
words  any  further,  for  the  public  would  see  which  was  right." 
Mr.  Green  replied,  in  a  very  sarcastic  tone,  "Yes,  when  the 
public  get  done  looking  up  to  me,  they  can  look  dow?i  on 
you." 

Upon  another  occasion  he  was  engaged  in  an  argument  to 
the  jury,  when  the  opposing  counsel  had  on  a  pair  of  new 
and  heavy  boots,  which  made  a  creaking  noise  and  greatly 
disturbed  him.  Mr.  Green  turned  to  him,  and  said,  "  I  wish 
you  would  take  off  your  boots,  or  take  your  boots  off,  I  don't 
care  which." 

The  distinction  between  the  two  propositions  is  not  so  obvi- 
ous as  that  related  of  the  New  York  lawyer  by  Edwards,  in 
his  "  Pleasantries,"  who,  at  the  close  of  a  very  long  argument 
on  a  motion,  remarked  "  that  he  was  apprehensive  he  had 
been  tediously  clear."  The  judge  replied  "  that  he  did 
not  know  how  that  was,  but  he  certainly  had  been  clearly 
tedious." 

Upon  the  death  of  Mr.  Green,  which  was  quite  sudden,  the 
bar  of  Jefferson  County  met  at  Hillsboro'  to  take  action 
in  reference  to  their  departed  brother,  when  Philip  Pipkin, 
Esq.,  was  called  to  the  chair,  and  ex-Governor  Thomas  C. 
Fletcher  appointed  secretary.  Judge  L.  F.  Dinning  and 
Governor  Fletcher  paid  beautiful  tributes  to  his  memory,  in 
short  speeches,  when  the  following  resolutions  were  unani- 
mously adopted  : 

"Whereas  the  place  at  this  bar  so  long  and  so  well  filled  by  Abner  Green, 
Esq.,  has  been  made  vacant  by  the  hand  of  death,  therefore  be  it 

"■Resolved  by  the  survivors  of  our  late  brother  that  we  cherish  with  sincere 
respect  the  memory  of  the  deceased,  and  desire  to  express  our  sorrow  in  jiarliiig 
from  him  for  all  time;  that  his  long  and  distinguished  standing  at  this  bar  had 
not  only  won  him  a  position  in  the  front  rank  of  our  profession,  but  had  also 
won  for  him  the  confidence  and  esteem  of  his  brethren  in  the  profession,  and 
both   in  his  ability  as  a  lawyer  and  his  integrity  as  a  man. 

''Resolved,  That  the  Supreme  Court  of  Missouri,  the  Circuit  Court  of  Jeffer- 
son County,  the  County  and  the  Probate  Courts  of  said  county,  be  requested 
to  dedicate  a  memorial  page  of  the  record  of  said  court  to  the  memory  of  our 
departed  brother,  and  to  enter  thereon  the  following  : 


ABNEK   GREEN.  339 

DEDICATED 
TO    THE   MEMORY    OF 

ABNER  GREEN,   Esquire. 

Who  was  born  in  Fauquier  County,  Virginia, 

On  the  gth  day  of  October,  1809, 

Was  an  active  member  of  the  bar  at  Hillsboro',  Missouri, 

From  1844  to  1876, 

And  died  on  the  2d  day  of  July,   1876. 

This  ])age  of  the  record  of  this  court  is  dedicated  to  his  memory  at  the  request 
of  the  members  of  tlie  bar  at  Hillsboro',  Jefferson  County,  Missouri,  as  a  testi- 
monial of  their  respect  and  esteem,  and  in  honor  of  his  memory,  and  is  done 
also  as  a  testimonial  of  the  respect  for  his  memory  which  is  cherished  by  this 
court  and  all  its  officers." 

Hon.  John  L.  Thomas,  who  practiced  at  the  same  bar 
with  Mr.  Green  many  years,  and  who  was  his  intimate  friend, 
thus  referred  to  him  on  presenting  the  resokitions  to  one  of 
the  courts. 

"  It  was  my  fortune  to  be  an  intimate  friend  and  associate  of  his  from  1858 
tu  the  time  of  his  death,  though  my  acquaintance  with  him  was  formed  as  early 
as  1853.  From  1858  to  1876  Mr.  Green  and  I  were  brought  face  to  face  in 
many  a  business  transaction  and  in  many  of  the  daily  occurrences  of  life.  I 
presume  I  have  had  more  hand-to-hand  forensic  contests  with  him  than  any 
other  member  of  the  bar  who  practices  in  the  courts  of  this  county,  and  I 
believe  I  knew  him  well,  and  I  desire  to  put  on  record  what  I  know   of  him. 

"  Intellectually  he  was  much  above  mediocrity.  He  was,  in  the  true  sense  of 
the  word,  a  self-made  man,  and  the  greater  portion  of  his  education  was  acquired 
by  himself  after  he  went  into  active  business.  James  S.  Green,  his  brother, 
acquired  a  national  reputation,  while  the  subject  of  this  memorial  was  known  to 
comparatively  few  ;  yet  I  unhesitatingly  say  to  you  and  to  the  public  that  in 
brain  power,  mental  vigor,  a  sound  judgment,  and  a  logical,  analytical  mind, 
Abner  Green  was  the  peer  of  his  brother.  He  could  have  ascended  to  and 
occupied  the  same  elevated  niche  in  Fortune's  temple  that  James  S.  Green  did, 
had  he  only  been  possessed  of  the  same  ambition  and  love  of  politics.  He 
never  made  politics  a  study,  and  all  he  knew  of  our  political  system  was  what 
he  acquired  from  the  reading  of  the  newspapers,  aided  by  his  fine  discriminat- 
ing judgment.  But  upon  all  political  questions  his  judgment  was  peculiarly 
reliable. 

"  As  a  lawyer  Mr.  Green  met  few  equals.  Here,  again,  as  in  his  literary  edu- 
cation, he  had,  unaided,  acquired  all  the  knowledge  of  the  law  he  had  through 
his  own  efforts.  In  every  sense  of  the  word  he  was  a  true  lawyer.  He  was 
true  to  his  country,  true  to  himself,  and  true  to  his  clients.  One  featur.e  of  his 
character,  especially,  shone  out  preeminent  abo.ve  the  rest :  he  made  his 
client's  cause  his  own,  and  never  was  known  to  yield  either  a  weak  or  strong 
point  to  his  adversary;   and  if  any  advantage  was  ever  gained  over  him,  it  was 


340  BENCH  AND  BAR   OF  MISSOURI. 

wresteil  from  liim.  He  frequently,  in  tlie  warmth  of  the  battle,  like  most  attor- 
neys, would  overstep  the  bounds  of  moderation ;  but  after  the  contest  was  over, 
whether  lost  or  won,  Mr.  Green  was  never  in  a  single  instance  known  to  carry 
the  least  anger  or  ill-will  engendered  in  the  forum  into  the  private  walks  of 
life,  and  never  would  he,  out  of  court,  refer  to  these  disagreeable  scenes  in 
court,  unless  the  subject  was  first  broached  to  him.  In  his  intercourse  with 
his  professional  brethren  he  was  courteous  and  affable,  and  his  sociability  was 
proverbial. 

"  As  a  faithful,  law-abiding  citizen  he  had  no  superior.  Whether  as  a  public 
officer  or  private  citizen,  he  never  was  false  to  the  public  interests.  In  every 
position  he  occupied  in  society  he  did  his  duty  faithfully  and  honestly.  But, 
above  all,  it  was  in  the  home  circle  where  Mr.  Green's  virtues  shone  the 
brightest  and  with  constant  luster.  He  lived  and  toiled  and  worked  for  his  wife 
and  children.  His  home  was  his  kingdom,  where  he  governed,  not  as  a  des- 
jiot,  but  as  a  kind  husband  and  most  loving  and  indulgent  father.  But  he  has 
been  called  home.  He  has  gone  to  that  country  whence  no  traveler  returns  ; 
and  society  has  lost  a  good  citizen,  the  bar  an  honored  member,  his  wife  a  kind 
and  faithful  husband,  his  children  a  loving  and  indulgent  father,  and  all  of  us 
an  honest  man." 


Thomas  W.  Freeman. 

This  lawyer  was  well  known  to  the  people  of  south-western 
Missouri.  He  was  born  in  Anderson  County,  Kentucky,  in 
1824,  and  received  a  common-school  education.  In  1843  ^^ 
commenced  the  study  of  the  law  with  G.  W.  Cavanah,  of 
Lawrenceburg,  Kentucky,  and  completed  his  studies  in  the 
office  of  Hon.  John  Draffin,  of  the  same  place,  and  was  ad- 
mitted to  the  Kentucky  bar  in  1847;  practiced  two  years, 
and  then  went  to  California  and  practiced  his  profession  in 
Marysville,  where  he  obtained  some  reputation  as  a  criminal 
lawyer. 

In  185  I  he  left  California,  and  came  to  Osceola,  St.  Clair 
County,  Missouri,  intending  to  make  that  his  home;  but  soon 
after  moved  to  Bolivar,  in  Polk  County,  where  he  prosecuted 
his  profession  with  much  diligence,  and  was  elected  to  the 
office  of  circuit  attorney,  the  duties  of  which  he  performed 
until  the  breaking-out  of  the  war,  in  i860.  At  the  election 
in  that  year  he  was  sent  to  the  State  Legislature,  and  also 
became  a  Breckinridge  elector.  Governor  C.  F.  Jackson  sent 
him  on  a  private  commission  to  Texas  and  Louisiana,  and  he 
was  soon  after  selected  as  one  of  the  representatives  to  the 
Confederate  Congress.  He  was  a  strong  disunionist,  and 
served  for  some  time  in  General  Price's  army. 

He  was  a  fine-looking  man,  nearly  six  feet  high,  with. dark 
complexion,  and  portly  and  commanding  in  person.  In 
point  of  ability  he  was  above  the  average  of  attorneys,  and 
as  a  prosecutor  was  efficient  and  successful.  He  could 
not  be  called  an  orator,  yet  he  was  a  forcible  and  impressive 
speaker. 

He  held  no  public  position  long  enough  to  secure  much 
distinction,  but  he  was  gradually  rising  in  public  estimation, 
when  his  life  was  cut  short  by  a  malarial  fever  contracted  in 
the  South.      He  had  reached  St.  Louis  on  his  way  home,  and 


342  BENCH  AND  BAR   OF  MISSOURI. 

died  there,  at  the  Southern   Hotel,  October  15,  1865,  at  the 
age  of  forty. 

He  was  married  in  1846  to  a  sister  of  Judge  Drafifin,  of 
Boonville,  who,  with  her  three  children,  was  present  at  his 
death,  and  received  his  dying  blessing. 

The  Hon.  Waldo  P.  Johnson  thus  speaks  of  him  as  a  law- 
yer: "  Mr.  Freeman  was  very  successful  as  a  practitioner  at 
the  bar.  He  prepared  his  cases  with  great  care,  and  during 
the  trial  he  neglected  nothing  that  might  benefit  his  client, 
and  rarely  ever  failed  to  get  the  advantage  of  every  fact  and 
circumstance  favorable  to  his  side  of  the  case.  He  was  very 
effective  before  a  jury,  making  his  points  with  clearness,  and 
presenting  his  arguments  with  great  force  —  when  necessary, 
illustrating  the  same  with  amusing  anecdotes,  of  which  he 
possessed  a  great  fund  ready  to  draw  upon  when  he  desired 
to  carry  the  minds  of  the  jury  away  from  the  real  issue,  or 
bring  into  ridicule  the  opposing  counsel  or  client.  He  was 
a  social,  genial  gentleman  ;  a  man  of  strong  convictions  and 
decided  opinions  upon  all  subjects  that  came  under  his  ob- 
servation ;  a  warm  friend  and  open  enem}'.  His  position  upon 
all  questions  of  public  interest  was  always  well  known  to  the 
community  in  which  he  lived." 


Mark  L.  Means 

Was  a  lawyer  of  some  prominence  in  Warsaw,  Benton 
County,  Missouri,  and  died  during  the  war,  in  1863.  Our 
information  respecting  his  early  life  is  very  limited  —  in  fact, 
we  only  know  that  he  was  born  in  Kentucky,  about  18 17, 
and  at  his  death  must  have  been  nearly  forty-six  years  of 
age.  He  received  an  ordinary  English  education.  He  came 
to  Missouri  about  1840,  and  soon  manifested  a  fondness  for 
politics ;  was  an  ardent  Democrat,  and  often  addressed  the 
people  from  the  rostrum. 

In  1843  a  vacancy  occurred  in  the  office  of  circuit  attorney 
for  the  Benton  Circuit,  and  Mr.  Means  was  appointed  to  fill 
it.  The  office  imposed  on  the  incumbent  much  labor  and 
resp(5nsibility,  for  the  circuit  not  only  embraced  many  coun- 
ties and  a  large  extent  of  territory,  but  the  criminal  docket 
was  heavy  in  all  the  courts.  He  discharged  the  duties  of 
the  office  very  faithfully,  and  gave  general  satisfaction. 

In  1857  he  was  appointed  register  of  the  United  States 
Land  Office,  and  held  the  position  until  the  commencement 
of  the  war. 

He  took  no  active  part  in  the  war,  but  his  sympathies  were 
strongly  enlisted  in  behalf  of  the  South,  which  often  led  him 
to  express  his  opinions  freely  and  openly,  thereby  making 
enemies  and  subjecting  himself  to  many  annoyances.  To 
avoid  arrest  he  frequently  left  home  and  concealed  himself, 
to  the  great  injury  of  his  health  ;  and  it  was  generally  sup- 
posed that  the  exposure  of  his  person  on  such  occasions 
contributed  greatly  to  his  early  death. 

Mr.  Means  married  before  coming  to  Missouri,  and  left  a 
widow  and  four  or  five  children.  He  was  a  man  of  fine  ad- 
dress, corpulent,  and  low  in  stature,  and  capable  of  much 
physical  labor. 

Mr.  Means  was  not  regarded  as  a  thorough-read  lawyer,  yet 


344  BENCH  AND  BAR   OF  MISSOURI. 

he  met  with  more  than  ordniary  success  ;  for,  hke  most  Ken- 
tucky lawyers,  he  cultivated  a  taste  for  speaking,  and  at 
times  was  strong  and  impressive  before  a  jury.  He  had  a 
good  knowledge  of  men,  and  knew  what  chord  to  touch 
when  necessary  to  excite  their  sympathies.  He  often  drew 
tears  from  the  entire  jury,  and  rarely  failed  to  enlist  them  in 
his  client's  cause.  He  spent  but  little  time  in  the  argu- 
ment of  questions  of  law,  but  reserved  his  ammunition  for 
the  jury. 

He  was  a  popular  man,  and  by  his  genial  and  pleasant 
manners  made  friends  rapidly.  He  was  generous  and  liberal 
to  a  fault,  placing  no  value  upon  money  except  as  a  means  to 
supply  existing  wants.  He  was  an  ardent  politician,  and 
wielded  a  vigorous  pen.  He  wrote  most  of  the  editorials  for 
the  SoiitJi-tvest  Democrat,  a  leading  Democratic  journal  pub- 
lished at  Warsaw,  and  which  at  the  commencement  of  the 
war  had  attained  a  large  circulation. 


THOMAS    REYNOLDS. 

Many  of  our  readers  will  recollect  the  deep  sensation  pro- 
duced upon  the  public  mind  by  the  announcement  of  the 
tragic  death  of  this  gentleman,  who  took  his  own  life  while 
governor  of  the  state.  He  was  not  only  one  of  the  profound- 
est  jurists  of  the  West,  but  possessed  a  versatility  of  talent 
that  would  enable  him  to  adorn  any  position  to  which  he 
might  be  called. 

Governor  Reynolds  was  born  March  12,  1796,  in  Bracken 
County,  Kentucky.  But  very  little  is  known  respecting  his 
early  education,  but  it  was,  no  doubt,  as  good  as  could  be  ob- 
tained in  the  schools  where  he  resided.  He  certainly  was  not 
a  classical  scholar,  though  he  had  some  knowledge  of  Latin. 
He  was  admitted  to  the  bar  in  Kentucky,  about  the  time  he 
became  of  age,  but  in  early  life  he  removed  to  Illinois,  where 
he  filled  the  several  offices  of  clerk  of  the  House  of  Rep- 
resentatives, speaker  of  the  House,  attorney-general,  and 
chief  justice  of  the  Supreme  Court. 

In  1829  he  moved  to  Missouri,  and  located  at  Fayette, 
Howard  County.  He  brought  with  him  a  high  reputation  as 
a  jurist,  and  soon  secured  a  good  practice.  It  was  not  long 
before  he  was  chosen  to  represent  Howard  County  in  the 
Legislature,  and  became  speaker  of  the  House.  After  leav- 
ing the  Legislature  he  was  appointed  judge  of  the  judicieil 
circuit  comprising  the  counties  of  Howard,  Boone,  Callaway, 
et  al. 

In  1840  the  Democratic  party  met  in  convention  at  Jeffer- 
son City,  to  nominate  a  ticket  for  state  officers,  and  Judge 
Reynolds  was  nominated  for  governor  almost  by  acclama- 
tion. 

It  was  at  this  time  we  made  his  acquaintance,  and  formed 
a  very  high  estimate  of  him  as  not  only  a  man  of  ability, 


346  BENCH  AND  BAR   OF  MISSOURI. 

but  of  undoubted  integrity  and  honesty  of  purpose.  As  a 
delegate  in  the  Convention  we  gave  him  our  support,  and 
had  occasion  frequently  afterwards  to  meet  and  transact 
business  with  him,  as  we  were  in  the  Legislature  during  most 
of  the  time  he  was  governor.  He  was  elected  over  J.  B. 
Clark  by  a  handsome  majority. 

No  very  important  event  transpired  during  his  administra- 
tion. He  was  the  first  governor  who  strongly  urged  the 
abolition  of  imprisonment  for  debt,  and  probabl\^  to  him 
more  than  any  other  person  are  we  indebted  for  this  humane 
enactment. 

Governor  Reynolds  had  few  superiors  as  a  jurist,  and 
hence  it  is  that  most  of  his  life  was  spent  on  the  bench. 
There  was  nothing  superficial  in  his  law  learning.  He  drank 
from  the  lowest  depths  of  the  legal  well,  and  there  secured 
the  erems  which  can  be  nowhere  else  found. 


t>^ 


"  Errors,  like  straws,  upon  the  surface  flow; 
He  who  would  search  for  pearls  must  dive  below." 

He  studied  the  law  as  a  science,  and  we  have  heard  him 
say  on  several  occasions  that  he  had  read  Coke,  Bacon,  and 
Blackstone  a  dozen  times.  His  mind  was  as  clear  as  a  bell, 
and  his  power  of  analysis  very  great.  As  a  forensic  speaker 
few  excelled  him,  and  in  canvassing  the  state  for  governor 
but  few  were  willing  to  encounter  him. 

At  the  time  of  his  death  his  prospects  for  distinction  were 
greater  than  those  of  any  man  in  the  state,  for  his  genial 
habits,  pleasant  demeanor,  and  unquestioned  integrity  had 
made  him  exceedingly  popular,  and  it  was  a  mere  question 
of  time  as  to  his  elevation  to  the  Federal  Senate.  He  had 
a  dread  of  being  thought  disloyal  to  his  party,  which  often 
induced  him  to  appoint  men  to  office  unfit  for  the  position. 
A  noted  instance  of  this  will  be  found  in  our  memoir  of 
James  Evans. 

Shortly  after  breakfast,  on  February  9,  1844,  the  report  of 
a  gun  was  heard  from  the  executive  mansion  in  Jefferson 
City,  and  some  persons  passing  by  at  the  time  went  into  the 


'  THOMAS  REYNOLDS.  347 

governor's  office  to  ascertain  the  cause  of  it,  and  there  found 
the  governor  weltering  in  his  blood,  with  the  top  of  his 
head  bUown  entirely  off,  and  of  course  dead.  He  had  just 
before  sent  for  a  rifle,  the  muzzle  of  which  he  placed  against 
his  forehead,  and  by  the  aid  of  a  strong  twine  tied  to  the 
trigger,  with  one  end  wrapped  around  his  thumb,  he  dis- 
charged it.  On  the  table  near  where  he  fell  was  found  a 
letter  addressed  to  his  most  intimate  friend,  Colonel  William 
G.  Minor,  in  the  following  words: 

"  In  every  situation  in  which  I  have  been  placed,  I  have  labored  to  discharge 

my  duty  faithfully  to  the  public  ;   but  this  has    not  protected    me  for  the   last 

twelve  months  from  the  slanders  and  abuse  of  my  enemies,  which  has  rendered 

my  life  a  burden  to  me.      I   pray  God  to  forgive   them,   and   teach  them   more 

charity.      My  will  is  in  the  hands  of  James  L.  Minor,  Esq.      Farewell. 

"  Th.  Reynolds. 
"  Col.  W.  G.  Minor:' 

Here  we  might  stop,  and  throw  a  mantle  over  this  myste- 
rious and  tragic  event,  but  truth  and  candor  force  us  to  state 
that  many  of  Governor  Reynolds'  friends  attributed  the  sui- 
cide to  a  very  different  cause  from  that  designated  in  his 
letter  to  Colonel  Minor.  To  be  more  explicit,  they  believed 
it  grew  out  of  his  domestic  troubles.  It  is  certainly  a  very 
great  draft  upon  our  credulity  to  suppose  that  a  man  who 
had  been  a  quarter  of  a  century  in  public  life,  and  who  was 
an  old  and  experienced  politician,  would  take  his  own  life 
because  of  the  ill-natured  squibs  of  the  opposition  press, 
which  every  public  min  has  to  encounter.  No  greater 
truism  was  ever  uttered  by  man,  than  was  uttered  by  Dean 
Swift  when  he  said,  "  Censure  is  the  tax  a  man  pays  for 
being  eminent." 

That  he  may  have  been  more  than  ordinarily  sensitive  in 
this  respect  is  not  improbable,  but  the  comments  of  the 
press  respecting  his  administration  were  no  more  uncharita- 
ble than  those  which  had  been  aimed  at  the  governor  who 
preceded  him.  He  should  have  found  some  consolation  in 
the  words  of  Pope  : 

"  The  villain's  censure  is  extorted  praise." 


348  BENCH  AND  BAR   OF  MISSOURI. 

If  the  letter  to  Colonel  Minor  was  worded  with  the  view 
of  drawing  the  attention  of  the  public  from  the  true  cause 
of  the  suicide,  he  had  a  motive  which  others  can  conject- 
ure as  well  as  ourselves.  We  express  no  opinion  in  relation 
to  it. 


MYRON    LESLIE. 

Vermont  has  the  honor  of  being  the  native  state  of  this 
gifted  lawyer.  He  was  born  near  Bennington,  and  received 
a  very  moderate  education.  He  had  httle  or  no  knowledge 
of  the  classics,  and  was  far  from  being  even  a  good  English 
scholar;  but  nature  bestowed  upon  him  an  intellect  which 
more  than  made  up  for  his  deficiency  in  learning.  He 
boasted  that  when  a  boy  he  ran  a  saw-mill  in  Vermont.  It 
is  certainly  well  authenticated  that  for  some  time  he  was 
engaged  in  rafting  on  the  Susquehanna  River.  He  studied 
law  in  Vermont,  but  with  whom  we  are  not  advised. 

In  1834  he  left  Vermont,  to  seek  a  location  in  the  West. 
After  wandering  about  several  months  he  pitched  his  tent  in 
Meredosia,  Illinois,  where  he  practiced  his  profession  for  a 
short  time.  He  then  located  in  Jacksonville,  Illinois,  and 
soon  enjoyed  a  good  practice,  and  acquired  a  fine  reputation 
as  an  advocate. 

In  1838  or  1839  he  came  to  St.  Louis,  and  entered  upon 
the  practice  with  F.  W.  Risque,  Esq.,  and  business  began  to 
flow  upon  him  rapidly,  for  the  public  soon  discovered  that  he 
was  not  only  a  sound  lawyer,  but  one  of  the  ablest  forensic 
speakers  at  the  bar.  The  firm,  at  the  expiration  of  a  year, 
or  between  one  and  two  years,  was  dissolved  by  the  change 
of  residence  of  Mr.  Risque  to  Washington  City.  Mr.  Leslie 
then  formed  a  partnership  with  R.  M.  Field,  Esq.,  and  the 
firm  was  regarded  as  one  of  the  strongest  at  the  St.  Louis  bar. 

In  1842  or  1843  he  was  appointed  circuit  attorney  for  the 
St.  Louis  District,  and  the  firm  of  Leslie  &  Field  was  dis- 
solved. He  held  the  office  about  two  years,  when  he  was 
elected  to  the  State  Senate  for  the  term  of  four  years. 

In  1845  he  was  elected  a  delegate  to  the  Constitutional 
Convention,  he  and  Trusten  Polk  being  the  only  Democrats 
elected;  the  other  four  were  Native  Americans. 


3 so  BENCH  AND  BAR   OF  MISSOURI. 

He  was  for  a  short  time  bank  attorney  of  the  old  State 
Bank,  succeeding  Judge  James  B.  Bowlin. 

While  in  the  Senate  he  made  several  speeches  which  gave 
him  a  wide-spread  reputation.  It  is  more  than  probable  that 
in  early  life  he  ap[)lied  himself  closely  to  his  books,  for  his 
knowledge  of  the  law  could  not  otherwise  have  been  ac- 
quired. His  style  of  speaking  was  in  many  respects  like 
that  of  Mr.  Bates,  but  abounded  more  in  wit,  sarcasm,  and 
irony.  He  was  naturally  indolent,  and  required  thp  stimu- 
lant of  strong  opposition  to  arouse  him;  but  when  once 
thoroughly  aroused,  his  mind  flashed  w  ith  dazzling  bright- 
ness, and  he  carried  everything  before  him.  At  other  times 
he  was  slow  and  inert,  and  seemed  incapable  of  high  mental 
exertion,  which,  doubtless,  was  owing  to  a  considerable 
extent  to  his  intemperate  habits;  iox  truth  compels  us  to 
state  that  during  the  latter  part  of  his  life  the  habit  of  strong 
drink,  which  is  often  the  birth  of  a  noble  and  generous  dis- 
position, seized  him  witli  an  iron  grasp,  and  finally  brought 
him  to  his  grave.  He  died  in  St.  Louis,  in  March,  1854, 
leaving  a  wife  and  one  or  two  children  to  mourn  his  fate. 

Leslie  is  dead,  but  his  genius  lives  in  the  memory  of  his 
associates,  who  never  speak  of  him  but  with  tears  in  their 
eyes,  and  hearts  bowed  down  in  grief 

Few  lawyers  excelled  him  in  the  cross-examination  of  a 
witness.  He  assumed  an  air  of  indifference,  and  without 
giving  the  witness  any  reason  to  suppose  that  he  entertained 
a  doubt  respecting  the  truth  of  his  statement,  he  was  ingen- 
iously weaving  a  net-work  in  which  to  entangle  him. 

One  of  his  peculiarities  was  a  disposition  to  contend  with 
the  court,  which  rendered  liim  unpopular  with  the  judges; 
for,  while  they  admired  his  talents,  they  were  in  constant 
fear  of  being  made  the  subject  of  his  wit.  Particularly  was 
this  the  case  when  he  was  excited  bv  drink. 

It  has  often  been  remarked  that  liquor  sometimes  sharpens 
the  wit.  The  following  is  an  illustration  of  it,  as  given  by  Ed- 
wards :  A  lawyer,  while  intoxicated,  rose  to  address  a  court 
in  New  York.  The  judge,  discovering  his  condition,  told  him 
to   sit   down.      "  Mr.    W.,  sit   down  ;    you    are    drunk."     To 


MYRON  LESLIE.  35  I 

which  remark  W.  slowly  replied,  "That's  a  fact;  and  it  is 
the  first  correct  decision  your  honor  has  made  this  term." 

Jeafferson  tells  a  good  anecdote  of  Lord  Fortescue  and  a 
counsel  trying  a  case  before  him.  His  lordship  was  disfig- 
ured by  a  nose  which  was  purple,  and  hideously  misshapen 
by  morbid  growth.  Having  checked  the  counsel,  who  was 
slightly  inebriated,  with  the  needlessly  harsh  observation, 
"  Brother,  brother,  you  are  handling  the  case  in  a  very  lame 
manner,"  the  angry  advocate  gave  vent  to  his  annoyance  by 
saying,  with  a  perfect  appearance  of  sang-froid,  "  Pardon 
me,  my  lord  ;  have  patience  with  me,  and  I  will  do  my  best 
to  make  the  case  as  plain  as  —  as  —  ff/e  //ose  on  your  lord- 
ship's face.'' 

Prentiss,  when  in  his  cups,  uttered  some  of  the  finest 
pieces  of  witticism  on  record.  See  our  life  of  John  Bent, 
for  an  exhibition  of  wit  while  under  examination  as  a  wit- 
ness in  the  Jefferson  Circuit  Court. 

Like  Erskine,  Mr.  Leslie  had  no  patience  with  a  client 
who  was  constantly  interrupting  him  with  suggestions  in  the 
course  of  a  trial,  and  would  often  silence  him  with  some 
happy  retort.  We  have  somewhere  seen  it  stated  that  on 
one  occasion,  at  the  Irish  bar,  Erskine  was  defending  a  man 
charged  with  treason.  His  client  became  dissatisfied  with 
the  course  he  was  pursuing,  and  handed  him  a  slip  of  paper 
on  which  he  had  written,  "  I  will  be  hanged  if  I  don't  attend 
to  my  own  case."  Erksine  returned  him  the  paper,  with  the 
following  reply :    "  You  will  be  hanged  if  you  do." 


Christian  Kribben. 

Few  lawyers  were  better  known  in  his  day  than  this  gen- 
tleman, for  he  not  only  practiced  in  all  the  courts  of  St. 
Louis,  but  was  an  active  Democratic  politician.  He  was  a 
Prussian  by  birth,  and  born  at  Glenel,  near  Cologne,  March 
5,  1821.  He  was  exceedingly  precocious,  and  at  the  age  of 
five  years  commenced  the  study  of  Latin  with  the  village 
curate,  and  at  the  age  of  seven  became  a  pupil  in  a  private 
school  at  Cologne,  where  he  remained  seven  years. 

In  1835  his  father  left  Germany  and  came  to  the  United 
States,  and  settled  upon  a  farm  in  St.  Louis  County,  Mis- 
souri. Christian  was  apprenticed  to  a  store-keeper  in  Man- 
chester, about  twenty  miles  west  of  St.  Louis,  but,  wearying 
of  this,  he  ran  away  from  his  employer  and  returned  to  his 
parents. 

In  1838  the  family  removed  to  St.  Charles,  where  Chris- 
tian's father  opened  a  grocery  store,  and  the  son  was  in- 
stalled as  clerk  and  chief  salesman.  At  the  age  of  seventeen 
he  commenced  the  study  of  the  law  with  Major  Cunning- 
ham, Esq.,  of  St.  Charles,  and  in  due  time  was  admitted  to 
the  bar.  For  some  reason  he  obtained  but  little  business, 
and  finally  opened  an  office  in  St.  Louis,  where  he  soon  ac- 
quired a  good  German  practice.  He  was  a  very  fluent  and 
ingenious  speaker,  and  spoke  the  English  as  well  as  the  Ger- 
man. He  became  an  ardent  politician,  and  during  every 
canvass  was  frequently  called  upon  to  address  the  people. 
We  have  on  many  occasions  heard  him  make  two  speeches 
the  same  night,  and  to  the  same  audience,  one  in  English  and 
the  other  in  German. 

When  the  Mexican  War  broke  out  he  enlisted  in  the 
army  under  General  Doniphan,  and  rose  to  the  rank  of 
colonel.  While  in  Mexico  he  studied  the  Spanish  language, 
and     while    quartered    at     Chihauhua    edited     a    newspaper 


CHRISTIAN  KRIBBEN.  353 

printed  half  in  English  and  half  in  Spanish.  After  the  close 
of  the  war  he  visited  Europe  and  remained  there  two  years. 
He  corresponded  with  the  press  in  St.  Louis,  and  his  letters, 
giving  an  account  of  his  travels  and  the  state  of  affairs  on  the 
Continent,  were   highly  interesting. 

In  1854  he  married  Miss  Delafield,  of  St.  Louis,  a  daugh- 
ter of  John  Delafield,  Esq.  In  1858  he  was  elected  to  the 
General  Assembly  of  Missouri,  and  was  chosen  speaker  of 
the  House.  During  the  administration  of  Governor  Stewart 
he  was  appointed  colonel  of  the  militia.  In  1864  he  lost  his 
wife,  and  the  following  year,  on  June  15th,  he  died,  leaving 
two  children,  a  son  and  a  daughter,  aged  respectively  seven 
and  nine  years. 

Colonel  Kribben  was  naturally  a  linguist,  and  was  able  to 
acquire  a  knowledge  of  almost  any  language  with  little  labor. 
He  was  a  man  of  strong  native  intellect,  and  when  able  to 
rivet  his  attention  to  the  trial  of  a  cause  was  very  successful, 
but  he  was  careless  and  indolent  in  his  habits,  and  frequently 
neglected  his  business,  to  the  serious  injury  of  his  clients. 
He  was'social  and  genial,  fond  of  company,  delighted  in  light 
literature,  and  had  a  particular  aversion  to  the  drudgery  of 
the  practice.  As  an  evidence  of  his  negligence  and  inatten- 
tion to  business,  we  give  an  instance  which  occurred  once  at 
the  Gasconade  court  held  at  the  town  of  Hermann.  He  had 
a  case  in  which  he  was  a  party  himself,  and  while  sitting  at 
the  counsel-table  in  the  court-room,  he  said  to  us,  "  If  my 
case  is  called,  say  I  am  ready,  and  attend  to  it  for  me  until  I 
return;"  saying  which, he  took  his  hat  and  walked  out.  The 
case  was  soon  called,  a  jury  impaneled,  and  half  of  the  wit- 
nesses examined  before  his  return.  He  had  said  nothing-  to 
us  respecting  the  nature  of  his  case,  and  seemed  as  indifferent 
about  it  as  though  he  had  nothing  at  stake. 

If  he  made  an  appointment  to  meet  you  on  business,  he 
was  more  apt  to  forget  than  keep  it. 

He  exercised  a  large  influence  with  the  German  population. 
23 


John  r.  Chenault. 

We  first  met  this  gentleman  at  the  session  of  the  Missouri 
Legislature  in  1844.  He  was  a  member  of  the  lower  House, 
and  represented  the  county  of  Jasper.  It  was  the  commence- 
ment of  his  public  life,  and  he  was  soon  regarded  as  one  of 
the  leaders  of  the  delegation  from  south-western  Missouri. 
Modest  and  unassuming,  with  genial  manners  and  gentle- 
manly deportment,  he  gradually  won  the  confidence  of  the 
House,  and  was  honored  b}'  being  placed  upon  some  of  the 
most  important  committees.  Without  being, at  all  brilliant, 
he  was  a  forcible  and  fluent  speaker,  and  all  his  speeches 
contained  a  vein  of  good  sense  which  never  failed  to  com- 
mand the  attention  and  respect  of  his  hearers.  The  subject 
in  which  he  manifested  the  most  interest  was  the  improve- 
ment of  the  Osage  River,  for  that  stream  furnished  t4ie  only 
outlet  for  the  produce  of  soMthern  Missouri,  railroads  being 
unknown  in  that  day. 

Judge  Chenault  was  born  near  Bardstown,  Kentucky,  No- 
vember 7,  1808.  His  grandparents  were  from  Virginia,  and 
his  father,  Stephen  Chenault,  studied  law  with  Felix  Grundy. 
He  and  Mr.  Grundy  married  sisters.  Judge  Chenault's  educa- 
tion was  confined  to  the  common  schools  of  Kentucky,  but 
he  had  the  benefit  of  private  instruction  from  his  father,  who 
was  well  versed  in  the  classics.  It  was  at  his  father's  instance 
that  he  commenced  the  study  of  the  law  with  Charles  A. 
Wickliff,  and  finished  in  the  office  of  Mr.  Grundy. 

About  1830  or  1 83 1  he  married  Martha  I.  Staples,  of 
Meade  County,  Kentucky.  After  his  marriage  he  resided 
with  his  father  about  two  years,  then  moved  to  Gallatin, 
Sumner  County,  Tennessee,  and  after  a  residence  there  of 
two  years  came  to  Missouri,  and  settled  in  Jasper  County. 
He  soon  acquired  a  fair  practice,  and  attended  all  the  courts 
of  his  circuit. 


JOHN  R.   CHENAULT.  355 

During  the  administration  of  President  Tyler  he  was  ap- 
pointed Indian  agent,  the  duties  of  which  he  faithfully  dis- 
charged. 

He  was  afterwards  appointed  judge  of  the  Thirteenth  Ju- 
dicial Circuit,  composed  of  the  counties  of  Dade,  Lawrence, 
Jasper,  Newton,  Barry,  Greene,  Taney,  Stone,  and  McDonald. 
It  was  an  immense  circuit,  and  embraced  a  territory  more 
extensive  than  some  of  the  New  England  States.  Court  and 
lawyers  traveled  on  horseback,  and  carried  their  law  library 
in  their  saddle-bags.  Judge  Chenault  presided  over  this  cir- 
cuit many  years,  and  made  an  honest,  impartial,  and  upright 
judge. 

In  1 86 1  he  was  elected  a  delegate  to  the  State  Constitu- 
tional Convention,  and  represented  in  part  the  Seventeenth 
Senatorial  District,  composed  of  the  counties  of  Jasper,  Dade, 
and  Cedar.  He  took  very  little  part  in  the  debates,  but 
generally  voted  with  the  secessionists. 

Before  the  final  adjournment  of  the  Convention,  he  moved 
to  Dallas,  in  Texas,  in  hopes  of  improving  his  financial  con- 
dition, for  he  had  become  much  embarrassed,  and  had  a 
large  family  wholly  dependent  upon  him.  The  change  of 
residence  seemed  to  prosper  him,  for  he  soon  obtained  a  fair 
practice  ;  but  his  constitution  began  to  give  way  under  the 
labor,  cares,  and  mental  anxiety  which  he  had  to  encounter, 
and  on  March  12,  1873,  he  left  this  world.  A  wife,  three 
daughters,  and  three  sons  survived  him. 


ABIEL    LEONARD. 

This  eminent  lawyer  and  jurist,  who  for  forty  years  led  the 
bar  of  central  Missouri,  and  became  distinguished  through- 
out the  West  for  his  profound  knowledge  of  the  law,  came 
from  good  old  Revolutionary  stock.  His  grandfather,  from 
whom  he  took  his  name,  Rev.  Abiel  Leonard,  was  a  grad- 
uate of  Harvard,  and  at  the  commencement  of  the  Revolu- 
tion had  charge  of  a  church  at  Woodstock,  Connecticut. 
Being  anxious  to  enter  the  army  as  chaplain,  and  assist  in 
securing  the  liberties  of  his  country,  he  asked  for  leave  of 
absence  ;  but  his  congregation,  who  were  greatly  devoted 
to  him,  declined  until  solicited  by  General  Washington  and 
General  Putnam  in  a  joint  letter.  This  interesting  letter, 
which  has  never  before  been  published,  will  be  found  in  the 
Appendix. 

Nathaniel  Leonard,  the  father  of  Judge  Leonard,  was  born 
in  Woodstock,  in  1768.  He  became  a  captain  in  the  United 
States  army,  served  in  the  War  of  1812,  and  was  commander 
of  Fort  Niagara  at  the  time  of  its  capture  by  the  British, 
in  181 3.  The  subject  of  our  sketch  was  his  second  son, 
and  was  born  at  Windsor,  Vermont,  May  16,  1797.  He 
was  sent  to  Dartmouth  College  in  18 13,  when  sixteen  years 
of  age,  intending  to  prepare  himself  for  the  ministry.  But 
he  became  satisfied  that  his  mind  was  better  adapted  to  the 
law,  and  abandoned  his  first  intention.  After  remaining  at 
Dartmouth  about  three  years,  his  sight  became  greatly 
impaired  by  too  close  application  to  his  books,  and  he  was 
forced  to  abandon  his  studies,  and  retire  to  his  father's  farm 
to  recruit  his  health. 

In  1 8 16  he  commenced  the  study  of  the  law  in  the  office 
of  Gould  &  Sill,  prominent  lawyers  at  Whiteboro',  New 
York,  and  continued  there  until  admitted  to  the  bar,  in  1818. 
He  then  determined  to  come  West,  and  fixed  upon  Missouri 


ABIEL  LEONARD.  357 

as  his  future  home.  In  1 8 19,  at  the  age  of  twenty-two,  he 
came  to  St.  Louis,  descending  the  Ohio  River  in  a  skiff,  from 
Pittsburg-  to  its  mouth.  He  remained  in  St.  Louis  but  a  few 
days,  and  then  started  on  foot  for  FrankUn,  in  Howard 
County,  crossing  the  Missouri  at  St.  Charles.  Here  he  was 
forced  to  remain  several  weeks  by  an  attack  of  fever, 
brought  on,  no  doubt,  by  his  long  exposure  on  the  Ohio 
River. 

It  was  here  that  he  first  met  Peyton  R.  Hayden,  who 
afterwards  became  an  eminent  lawyer  in  Boonville,  but  then 
residing  in  old  Franklin.  They  became  intimate  friends 
through  life,  and  were  pitted  against  each  other  at  the  bar 
for  more  than  a  third  of  a  century.  Mr.  Hayden  had  been 
in  the  state  but  a  few  months,  and  was  returning  from  St. 
Louis,  where  he  had  been  to  purchase  a  few  books  and 
obtain  a  law  license.  This  meeting  of  these  young  lawyers, 
who  afterwards  became  so  eminent,  is  happily  described  by 
Mr.  Hayden's  son,  E.  R.  Hayden,  Esq.,  at  present  a  promi- 
nent lawyer  at  Boonville.     We  prefer  to  give  his  own  words  : 

"  On  my  father's  return  home  he  remained  overnight  at  St.  Charles,  and 
there,  on  the  porch  of  the  old  log  tavern,  he  first  met  and  became  acquainted 
with  Abiel  Leonard.  I  have  often  heard  him  refer  to  the  incident.  Leonard 
was  sitting  at  one  end  of  the  porch,  engaged,  apparently,  in  reading  a  news- 
paper, while  my  father  was  at  the  other  end,  carrying  on  a  slight  flirtation  with 
the  pretty  daughter  of  the  tavern-keeper  (he  was  always  fond  of  the  fair  sex). 
He  mentioned  to  her  the  object  of  his  visit  to  St.  Louis;  that  he  had  succeeded 
in  procuring  a  license  to  practice  law,  and  was  ready  and  willing  to  share  the 
honor  with  some  pretty  girl  —  for  instance,  herself.  Leonard  was  listening, 
and  when  he  heard  my  father  mention  the  fact  that  he  had  a  license  to  practice 
law,  he  immediately  laid  aside  his  paper,  and,  approaching,  introduced  himself, 
and  stated  that  he  was  also  a  lawyer,  and  from  New  York,  and  was  in  search 
of  a  location,  and  was  on  his  way  to  Franklin.  Father  described  him  as  being 
quite  small,  very  spare  and  thin  in  person,  with  a  singularly  green  look,  and 
absolutely  homely.  Location,  prospects,  etc.,  were  discussed,  and  Leonard 
was  furnished  with  a  glowing  description  of  the  Boonslick  country.  Old 
Franklin  then  contained  a  population  of  1,800,  and  prospectively  was  consid- 
ered the  best  location  in  the  territory  for  a  lawyer.  Leonard  concluded  to 
make  the  trial,  and  ■  accordingly  the  next  morning  started  on  foot,  with  his 
worldly  goods  and  chattels  in  a  bundle  tied  to  the  end  of  a  stick,  and  placed 
over  his  shoulder,  while  father  was  on  horseback.  Another  person,  also  on 
horseback,  and  on  his  way  to  the  same  place,  happened  with  them,  and  they 
offered  to  ride  turn  about  with  Leonard,  but  he  declined ;  and  being  of  light 
weight  and  a  good  walker,  all  reached  Franklin  about  the  same  time." 


35'^  BENCH  AND  BAR   OF  MISSOURI. 

Tradition  gives  another  version  of  this  trip  to  Frankhn, 
which  is  not  so  well  authenticated.  It  represents  Hayden 
and  Leonard  traveling  alone,  and  riding  alternately  Hayden's 
horse.  They  found  some  streams  in  one  of  the  upper  coun- 
ties too  full  to  ford,  owing  to  recent  rains,  one  of  which  they 
were  in  a  dilemma  to  know  how  to  cross.  Hayden  said  he 
could  not  s\\  im  a  lick,  and  he  did  not  know  whether  his  old 
horse  could.  Some  few  hundred  yards  from  the  bank,  on  the 
opposite  side,  they  saw  a  cabin,  and  Leonard,  being  a  good 
swimmer,  proposed  to  swim  over  and  procure  assistance  from 
the  cabin.  He  stripped  himself  to  his  drawers,  and,  tying 
his  clothes  upon  his  back,  started  in.  When  he  reached  the 
middle  of  the  stream,  the  strength  of  the  current  broke  the 
string,  and  away  went  his  clothes  down  the  river.  Here  was 
a  predicament  that  he  had  not  anticipated.  He  approached 
within  thirty  or  fort)'  }'ards  of  the  cabin  and  hallooed,  con- 
cealed, however,  in  a  thick  hazel-bush.  When  the  lady  who 
responded  to  his  call  got  within  fifteen  yards  of  him,  he 
called  to  her  not  to  come  nearer,  and  informed  her  of  his 
misfortune,  and  asked  if  she  could  not  send  him  an  old  pair 
of  pants  and  shirt  of  her  husband's.  She  promised  to  do  so, 
and  sent  a  boy  with  them  to  him.  Now,  it  must  be  known 
that  this  good  lady's  husband  was  a  man  of  six  feet  two,  and 
turned  the  scale  at  250  pounds,  while  Mr.  Leonard  was  only 
five  feet  four,  and  never  weighed  over  100.  The  good  man, 
on  returning  home,  brought  Mr.  Hayden  over,  and  Hayden 
said  that  the  appearance  of  Mr.  Leonard  in  his  new  garb 
was  enough  to  make  a  Methodist  minister  laugh  at  his  dea- 
con's funeral.  Upon  reaching  the  first  country  store,  a  more 
suitable  outfit  was  obtained. 

After  being  in  Franklin  about  a  week,  a  farmer  called  upon 
Mr.  Hayden  to  retain  him  in  a  suit  before  a  justice  of  the 
peace,  growing  out  of  a  horse-trade.  Hayden  told  him  that 
he  was  already  employed  in  behalf  of  the  plaintiff,  but 
advised  him  to  call  on  Mr.  Leonard.  He  did  so,  but  soon 
returned  to  Hayden,  and  said,  "  Mr.  Hayden,  do  you  expect 
me  to  employ  such  a  looking  man  as  this  young  law}'er  you 
have  sent  me  to  ?  "  "  Why,"  said  Hayden,  "  he  is  a  very 
good   lawyer,  and   will   do  you   full  justice."      He  employed 


ABJEL  LEONARD.  359 

him  accordingly,  but  unfortunately  Mr.  Leonard  lost  his  suit, 
and  he  became  so  sensitive  in  regard  to  it  that  Hayden  took 
him  to  his  own  room  and  kept  him  there  several  days,  appre- 
hensive that  he  might  do  himself  some  violence. 

Mr.  Leonard  never  could  divest  himself  of  this  feeling  of 
disappointment  at  the  loss  of  a  suit,  and  acquired  a  not 
unusual  habit  of  charging  it  to  the  stupidity  of  the  judge. 
We  have  in  our  mind's  eye  a  prominent  lawyer  at  the  St. 
Louis  bar  who  invariably  does  the  same. 

It  reminds  us  of  a  good  story  told  by  O'Neall,  in  his 
"  Sketches  of  the  Georgia  Lawyers,"  upon  a  witty  judge  of 
that  state.  An  attorney  by  the  name  of  Nibbs  practiced  be- 
fore him,  and  upon  one  occasion  became  much  distressed  at 
the  loss  of  a  suit.  In  speaking  of  it  to  the  judge,  upon  the 
adjournment  of  the  court,  he  remarked,  "  Oh,  how  can  I  go 
home  and  tell  my  client  that  I  have  lost  his  case!"  The 
judge  replied,  "  Nibbs,  go  home  and  tell  your  client  you  had 
a  good  case,  but  the  judge  was  a  d — d  fool  ;  that  he  did  not 
understand  your  case,  and  therefore  you  lost  it." 

After  Mr.  Leonard  reached  Franklin  his  means  became  en- 
tirely exhausted,  and  he  opened  a  school  m  the  neighborhood, 
and  taught  six  months,  at  the  same  time  devoting  all  his  leis- 
ure hours  to  reading  some  law-books  which  he  had  borrowed. 
He  then  located  at  Boonville,  on  the  opposite  side  of  the 
river,  and  remained  there  about  two  years,  when  he  returned 
to  Franklin.  The  old  town  was  washed  away  by  the  strong 
current  of  the  river,  and  he  then  removed  to  new  Franklin. 
From  incessant  study  his  eyes  began  to  fail  him,  and  he  rode 
on  horseback  to  Kentucky  to  consult  and  advise  with  some 
occulists.  They  advised  him  to  abstain  from  reading,  as  the 
only  remedy  they  could  suggest.  This  he  was  forced  to  do, 
and  on  returning  home  employed  a  young  man  to  read  to 
him.  In  time  his  eyes  became  stronger,  and  he  continued 
his  practice  with  great  diligence,  having  to  encounter  some 
of  the  brightest  lights  of  the  profession,  embracing  such  men 
as  Hamilton  R.  Gamble,  John  F.  Ryland,  P.  R.  Hayden, 
Charles  French,  and  others,  all  of  whom  became  greatly  dis- 
tinguished as  lawyers. 


360  BENCH  AND  BAR    OF  MISSOURI. 

Gamble  removed  to  St.  Louis ;  French  and  Ryland,  to 
Lexington  ;  Leonard,  to  Fayette,  the  new  county-seat  of 
Howard  ;  and  Hayden,  to  Boonville. 

From  this  time  Mr.  Leonard  began  to  rise  rapidly  in  the 
profe.ssion,  until  he  became  its  head  and  front.  Business 
flowed  in  upon  him  fast,  and  he  soon  had  the  pick  of  the  best 
cases  in  Central  Missouri,  and  in  the  Supreme  Court  he  out- 
ranked all  others. 

In  1823  he  was  appointed  state's  attorney  for  his  judicial 
district,  to  fill  out  the  unexpired  term  of  Mr.  Gamble,  who 
had  resigned  upon  being  appointed  secretary  of  state  ;  and 
as  a  very  singular  coincidence,  forty  years  afterwards  Mr. 
Leonard  was  appointed  judge  of  the  Supreme  Court,  to  fill 
an  unexpired  term  of  the  same  distinguished  gen-tleman. 

He  bought  a  beautiful  tract  of  land  adjoining  Fayette,  im- 
proved it  handsomely,  and  made  it  his  future  home.  He 
gave  it  the  name  of  "  Oakwood,"  and  it  is  still  the  home- 
stead of  his  family.  He  was  always  much  attached  to  this 
place,  and  spent  much  of  his  "time  in  roaming  through  its 
beautiful  woods. 

We  are  not  aware  that  Mr.  Leonard  ever  made  a  partner- 
ship in  his  practice,  with  the  exception  of  one.  He  and 
General  S.  M.  Bay  practiced  together  in  the  Supreme  Court 
for  many  years,  and  it  continued  until  General  Bay  removed 
to  St.  Louis. 

Before  changing  his  residence  from  Franklin  to  Fayette, 
Mr.  Leonard  became  involved  in  a  personal  difficulty  with  a 
Major  Berry.  It  had  its  origin  in  the  prejudice  then  existing 
against  the  Yankees,  as  they  were  termed  in  derision.  As 
soon  as  an  Eastern  lawyer  settled  among  them,  some  one  was 
put  forward  to  test  his  mettle;  for  it  was  generally  supposed 
that  his  puritanical  education,  and  the  natural  aversion  of  the 
Eastern  people  for  dueling,  would  prevent  him  from  resenting 
an  injury  in  the  mode  which  then  prevailed  in  the  South  and 
West.  We  are  not  posted  as  to  the  particulars,  but  Berry, 
under  some  pretense,  attacked  Mr.  Leonard  with  a  whip  or 
cowhide.  Mr.  Leonard  made  all  the  resistance  in  his  power, 
but,  being  a  very  small  man,  and  his  antagonist  a  large,  ath- 


ABIEL  LEONARD.  36 1 

letic  man,  he  was  easily  overpowered.  The  insult  aroused 
the  pluck  of  Leonard  which  had  been  transmitted  to  him  by 
his  ancestry,  and  without  a  moment's  hesitation  he  sent 
Major  Berry  the  following  note: 

"Franklin,  June  2b,  1824. 
"  Sir  :    I  demand  a  personal  interview  with  you.       My  friend  Mr.  Boggs   will 
make  the  necessary  arrangements  on  my  part. 

"  Yours,  etc., 

"  A.  Leonard. 
"■Major  Berry.'" 

To  which  Major  Berry  replied  as  follows: 

"  Franklin,  Mo.,  June  28,  1824. 
"  Sir  :  Your  note  of  the  26th  has  been  received.  Without  urging  the  objec- 
tions which  I  might  have  to  the  note  itself,  or  to  the  demand  which  it  contains, 
I  shall  answer  it,  to  redeem  a  promise  which  I  made  at  Fayette  (in  passion)  that 
I  will  give  you  the  demanded  interview.  My  business,  which  embraces  many 
duties  to  others,  will  require  my  personal  attention  until  after  the  first  of  Sep- 
tember next,  after  which  time  any  further  delay  will  be  asked  from  you  only. 
"To  make  any  arrangements,  Maj.  A.  L.  Langham  will  attend  on  my  part. 

"  Yours,  etc., 

"  Taylor  Berry." 

Shortly  before  the  meeting  took  place  Mr.  Leonard  was 
arrested  by  direction  of  Judge  Todd,  and  required  to  give 
bond  in  the  sum  of  ;^5,ooo  to  keep  the  peace.  He  said  to  the 
judge,  "  Name  the  amount  of  the  bond  ;  foh  I  am  determined 
to  keep  my  appointment  with  Major  Berry."  Near  the  lat- 
ter part  of  August  the  parties,  with  their  seconds  and  sur- 
geons, proceeded  down  the  river,  having  previously  entered 
into  —  through  their  seconds  —  the  following  stipulation  to 
meet  at  some  point  near  New  Madrid,  in  the  southern  part 
of  the  state  : 

"  We,  Thomas  J.  Boggs  and  Angus  L.  Langham,  appointed  by  Abiel  Leon- 
ard and  Taylor  Berry  to  act  in  the  capacity  of  their  friends  in  a  personal  inter- 
view they  are  to  have,  and  to  agree  upon  the  terms  by  which  the  said  parties 
shall  be  governed  in  the  combat,  do  agree,  the  said  Thomas  J.  Boggs  for  and 
on  behalf  of  Abiel  Leonard,  and  the  said  Angus  L.  Langham  for  and  on  be- 
half of  Taylor  Berry,  to  the  terms  and  regulations  following,  to  wit:  The 
place  of  meeting  shall  be  at  some  point,  either  in  Kentucky,  Tennessee,  or 
Arkansas,  which   shall    be  most  convenient  to  the  town  of  New  Madrid  —  the 


362  BENCH  AND  BAR   OF  MISSOURI. 

particular  s]iol  to  be  (letermined  hy  the  seconds,  who,  for  tliat  purpose,  as  well 
as  for  the  making  of  any  other  necesi^ary  arrangement,  shall  meet  in  the  town 
of  New  Madrid  on  the  third  day  previous  to  tiie  time  specified  in  this  instru- 
ment for  the  personal  meeting  of  the  parties,  at  ten  o'clock,  A.  M.  The  time 
for  the  personal  meeting  of  the  parlies  is  fixed  on  the  first  day  of  September 
next,  at  ten  o'clock  in  the  morning.  The  arms  to  be  used  by  the  parties  shall 
be  pistols,  each  jiarty  choosing  his  own,  without  any  restriction  as  to  the  kind, 
except  that  rifle-pistols  are  prohibited.  The  distance  shall  be  ten  paces  of 
three  feet  each.  Tlie  position  of  the  ])arties  sliali  l^e  side  to  side,  so  as  to  fire 
without  wheeling.  When  tiie  parties  have  taken  their  positions,  the  question 
'Are  you  ready?'  shall  l)e  asked,  to  which  the  answer  shall  be  'Yes.'  If  either 
party  answer  negatively,  or  in  other  terms,  the  question  shall  be  repeated. 
When  both  parties  answer  'Yes,'  the  word  '  Fire'  is  to  be  given;  upon  which 
the  parties  shall  fire  within  the  time  of  counting  eiglit,  which  shall  be  slowly 
and  audibly  done.  As  soon  as  the  person  counting  finishes,  he  shall  order 
♦Stop,'  wliich  shall  be  tlie  word  of  cessation  for  that  fire.  The  choice  of  posi- 
tions shall  be  determined  Ijy  lot,  as  well  as  the  giving  the  word.  The  counting 
shall  be  done  by  the  second  who  loses  the  word.  If  the  pistol  of  either  party 
shall  snap  or  flash  it  shall  be  considered  a  fire.     If  a  shade  cannot  be  obtained, 

the  parties  shall  stand  on  a  line  across  the  sun. 

"  A.  L.  Langham, 

"  T.  J.  BOGGS. 

'■'■Franklin,  Jnlv  i,  1S24. 

"The  time  for  the  meeting  of  the  parties  is  clianged  to  four  o'clock,  r.  M. 
The  dress  an  ordinary  three-quartered  coat. 

*'T.  J.   BOGGS, 

"A.  L.  Langham. 

"  Point  Pleasant,  Atigtist,  ji,  1824.*' 

On  their  way  to  New  Madrid,  Mr.  Leonard  and  his  second 
stopped  overnight  at  St.  Louis,  and  while  at  the  hotel  some 
of  the  police,  who  had  in  some  unknown  way  got  wind  of 
what  was  going  on,  went  to  the  hotel  to  arrest  Mr.  Leonard, 
but  were  frustrated  by  the  ingenuity  of  Mr.  Boggs.  As 
they  entered  the  room  they  asked  for  Mr.  Leonard,  when 
Mr.  Boggs  rose  and  said,  "That  is  m\'  name."  They  at  once 
arrested  him,  which  gave  Leonard  the  chance  to  escape. 
Finding  that  they  had  got  the  wrong  man,  they  released  Mr. 
Boggs,  who  proceeded  on  his  way  to  New  Madrid,  and 
reached  there  in  time  for  the  meeting. 

We  conclude  the  narrative  of  this  duel  by  stating  that  the 
parties  met  at  the  time  and  place  appointed,  and  Major  Berry 
fell  at  the  first  fire,  mortally  wounded,  and  soon  after  died. 

In  after-life  Mr.  Leonard  never  alluded  to  the  duel  in  the 


ABIEL  LEONARD.  363 

presence  of  his  children,  and  only  once  or  twice  to  his  wife, 
and  then  only  to  say  that  he  never  regretted  the  course  he 
pursued. 

Under  the  Constitution  and  laws  he  was  disfranchised  and 
disbarred,  but  the  people,  who  almost  universally  approved 
of  his  course,  petitioned  the  Legislature  for  the  removal  of 
his  disabilities,  and  at  the  next  session  he  was  restored  to  all 
his  rights  as  a  citizen. 

In  October,  1830,  Judge  Leonard  married  Jeannette, 
daughter  of  Colonel  B.  H.  Reeves,  of  Kentucky,  one  of  the 
ablest  lawyers  and  finest  orators  of  that  state,  and  soon  after 
removed  to  Fayette,  which  became  his  home  through  life. 
At  the  August  election  in  1834  he  was  induced  to  become  a 
candidate  for  the  Legislature,  and  was  elected  by  a  large 
majority.  Our  Constitution  required  a  revision  of  the  laws 
every  ten  years,  and,  as  this  was  to  be  the  revising  session, 
it  was  desirable  to  send  to  the  Legislature  the  best  legal 
talent  at  our  command.  Mr.  Leonard  labored  very  hard  to 
secure  a  revision  that  would  be  acceptable  to  the  people,  and 
it  is  universally  conceded  by  the  profession  that  the  revision 
of  1834-5,  has  never  been  equalled  by  any  since. 

The  bar  of  Missouri  had  long  evinced  a  strong  desire  to 
see  Mr.  Leonard  on  the  bench  of  our  Supreme  Court,  and 
finally,  when  a  vacancy  occurred  by  the  resignation  of  Gov- 
ernor Gamble,  he  was  appointed  to  the  place.  The  large 
amount  of  labor  performed  by  him  while  on  the  bench  made 
a  deep  inroad  upon  his  physical  constitution,  and  he  was 
forced  to  resign. 

As  a  jurist  Judge  Leonard  never  had  a  superior  in  our 
state,  and  his  opinions  from  the  bench  will  compare  favor- 
ably with  those  of  any  other  jurist  now  wearing  the  ermine. 
They  will  be  found  in  volumes  20  to  25,  inclusive,  of  our 
State  Reports.  They  abound  in  great  legal  learning  and 
research.     We  refer  to  one  as  a  fair  specimen  of  all. 

The   case  of  Whiteside  vs.  Cannon,   reported  in   the   23d 
volume,  page  457,  is  exhaustive  of  the  subject  he  was  treat- 
ing.    It  presented  several  difficult  questions  growing  out  of. 
the   rights  and  liabilities  of  married  women    respecting  their 


364  BENCH  AND  BAR   OF  MISSOURI. 

separate  estates.  All  the  leading  cases,  both  in  England 
and  this  country,  are  referred  to  and  commented  upon.  In 
fact,  the  subject  was  exhausted,  and  his  conclusions  are  now 
regarded  as  the  settled  law  of  this  state.  The  reader  will 
notice  that  his  style  of  composition  is  unclouded  by  fine  or 
subtle  distinctions.  There  is  no  attempt  to  evade,  or  not 
squarely  meet,  the  questions  presented,  nor  can  his  language 
be  so  tortured  or  construed  as  to  admit  of  any  possible  doubt 
as  to  his  meaning.  He  was  very  jealous  of  his  diction,  and 
would  rewrite  his  opinions  over  and  over  before  filing  them 
with  the  clerk.  This  imposed  upon  him  a  large  amount  of 
unnecessary  labor. 

In  this  respect  judges  greatly  differ.  Judge  Wagner 
rarely  made  any  alteration  in  his  first  draft.  Judge  Napton 
never  rewrites  his  opinions,  but  his  manuscript  abounds  in 
numerous  corrections  and  interlineations.  The  force  of 
habit,  facility  of  thought,  and  mental  training  undoubtedly 
have  much  to  do  with  this. 

Judge  Leonard  was  not  an  orator.  He  had  few  of  the 
graces  of  elocution.  There  was  nothing  remarkably  pleasing 
in  his  gesture,  and  his  voice  was  harsh  and  coarse.  When 
he  started  off  in  an  argument  he  would  pitch  his  voice  to  a 
particular  tone,  and  there  keep  it  to  the  close.  His  great 
power  as  a  lawyer  was  in  his  masterly  logic.  His  mind  was 
peculiarly  and  essentially  logical,  rejecting  all  merely  plausi- 
ble reasons  as  he  would  the  false.  Not  only  was  he  essen- 
tially logical,  but  truthful — and  as  exact  in  his  moral  as  in 
his  intellectual  logic. 

While  listening  to  him  you  lost  sight  of  the  man  and  his 
imperfection  as  a  mere  orator,  and  your  attention  was  rivited 
by  the  profoundness  of  his  argument  and  the  depth  of  his 
reasoning.  He  laid  down  his  premises  with  great  fairness, 
and  gradually  led  the  minds  of  his  audience  to  the  adoption 
of  his  conclusions. 

In  a  recent  letter  from  General  Stringfellow,  an  able  and 
accomplished  lawyer  at  Atchison,  and  one  of  the  brightest 
lights  of  the  profession,  who  had  long  known  Judge  Leonard, 
he  thus  speaks  of  him  : 


ABIEL  LEONARD.  365 

"  I  had,  especially  in  the  Supreme  Court,  an  opportunity  to  form  an  estimate 
of  his  ability  as  a  lawyer.  My  estimate  may  have  been  influenced  by  my 
friendship,  for  I  have  known  no  one  whose  commanding  intellect,  profound 
learning,  spotless  integrity,  unpretending  generosities  and  kindness,  unflinch- 
ing courage,  moral  and  physical  —  in  a  word,  whose  head  and  heart  so  entirely 
captivated  me.  He  was  of  a  class  of  lawyers  almost  extinct,  such  as  can 
hardly  be  made  in  this  age  of  books  and  decisions — since  cases,  rather  than 
principles,  have  become  the  study  of  the  lawyer.  I  never  knew  one  who 
could  give  a  better  reason  for  his  assertions  than  Judge  Leonard.  He  was 
equally  familiar  with  common  law  and  chancery,  with  civil  law  and  criminal. 
He  was  both  advocate  and  counsel.  While  I  have  known  others  to  excel  him 
as  orators,  I  have  known  none  who  could  excel  him  in  the  argument  of  a  law 
question,  or  in  the  discussion"  of  the  conclusions  from  facts  submitted  to  a 
jury.  As  I  once  testified  in  court,  in  my  opinion  he  was  the  ablest  lawyer  I 
have  known." 

Judge  Leonard  had  no  aspirations  for  office  or  political 
prominence,  or  anything  that  would  interfere  witli  his  pro- 
fession ;  yet  he  took  a  deep  interest  in  everything  that  was 
going  on  in  the  political  world.  He  was  an  unflinching  Whig, 
and  had  he  lived  in  the  time  of  Hamilton  and  the  elder 
Adams  he  would  have  been  an  uncompromising  Federalist. 
His  dislike  for  Democracy  was 'equal  to  that  of  Chancellor 
Kent. 

Edwards  says  that  a  lawyer  once  called  upon  the  chancel- 
lor and  found  him  reading  the  New  York  Evening  Post,  a 
rabid  Democratic  journal,  "What,  Chancellor;  you,  of  all 
men,  reading  the  Evening  Post  f"  "  Yes,"  said  the  chancel- 
lor; "and  pray  why  should  not  I  see  what  the  devil  is  doing 
in  the  world,  as  well  as  other  persons." 

Judge  Leonard  had  a  great  contempt  for  chronic  office- 
seekers  and  self-constituted  lovers  of  the  dear  people. 
Being  always  in  a  minority  in  his  own  state,  he  had  the  good 
sense  to  know  that  he  could  not  succeed  in  public  life. 
Moreover,  the  tie  which  bound  him  to  his  home  at  Fayette 
was  too  strong  to  permit  him  to  be  drawn  into  the  vortex  of 
political  strife.  Besides,  we  have  often  heard  him  say  "that 
the  life  of  a  politician  was  the  meanest  and  most  servile  that 
a  man  could  lead  ;  that  he  lost  his  self-respect  and  independ- 
ence, and  was  liable  at  any  moment  to  fall  a  victim  to  the 
whims  and  caprices  of  a  vacillating  public  opinion." 

Mr.  Leonard   was   not   alone   in   this  view.     Probably  no 


3<56  BENCH  AND   BAR    OF  MISSOURI. 

public  man  in  this  counti}'  was  more  successful  in  his  polit- 
ical efforts  than   Martin  Van  Buren,  for  he  filled  every  posi 
tion  within   tlic  gift  of  the  people;  yet  before  passing  away 
he  placed  upon  record  his  experience  of  the  life  of  a  public 
man. 

Shortly  after  his  death  we  were  on  a  visit  to  the  East,  and 
spent  several  days  in  our  native  place,  Hudson  City,  New 
York,  which  -is  only  eight  miles  from  Kinderhook,  the  life- 
time residence  of  Mr.  Van  Buren.  We  had  occasion  to  visit 
the  office  of  the  surrogate,  he  being  an  old  law-partner  of 
our  father,  and  whom  we  had  known  in  our  boyhood. 
Speaking  of  Mr.  Van  Buren,  he  remarked  that  the  autograph 
will  of  the  late  president  was  in  his  office,  and  he  desired  to 
show  it  to  us,  as  it  contained  a  very  remarkable  clause,  indi- 
cating Mr.  Van  Buren's  idea  of  the  little  satisfaction  and 
happiness  to  be  derived  from  even  a  successful  public  career. 
We  once  had  a  copy  of  it,  but  it  has  been  mislaid.  The 
opening  part,  as  we  recollect  it,  is  as  follows  : 

"I,  Martin  Van  Ihuen,  formerly  governor  ot  the  slate  of  New  York;  at  a 
later  period  United  States  senator,  vice  president,  minister  to  the  Court  of  St. 
James,  and  president  of  the  United  States;  and  lastly,  and  fhe  Iiappiest 
period  of  viy  life,  a  fanner  in  the  toion  of  Kinderhook,  do  make  and  pub- 
lish this  my  last  will  and  testament." 

What  a  commentary  upon  those  who  spend  their  lives 
seeking  popular  applause,  and,  when  attained,  find  it  is  but  a 
bubble,  which  soon  vanishes  and  leaves  them  wondering  why 
they  ever  craved  it.  Those  who  give  up  their  lives  to  the 
acquisition  of  fame  might  be  profited  by  the  words  of 
Dryden  : 

••  When  I  consider  life,  'tis  all  a  cheat; 

V'et,  fooled  with  hope,  men  favor  the  deceit  — 

Trust  on,  and  think  lo-morrow  will  repay. 

To-morrow,  falser  than  the  former  day, 

Lies  worse  ;   and  while  it  says  we  shall  be  blest 

With  some  new  joys,  cuts  oft"  what  we  possest. 

Strange  cozenage;   none  would  live  jiast  years  again, 

Yet  all  hope  pleasure  in  what  yet  remain, 

And  from  the  dregs  of  life  think  to  receive 

What  the  first  sprightly  running  could  not  give." 


ABIEL  LEONARD.  367 

Judge  Leonard  was  a  devoted  friend  of  the  Union,  and 
strongly  opposed  to  the  institution  of  shu^ry,  though  at  one 
time  he  was  himself  a  slaveholder.  In  his  section  of  the 
state,  servants  could  not  readily  be  hired,  and  he  purchased 
slaves  from  necessity.  He  had  no  charity  for  those  who  en- 
tered into  the  Rebellion.  We  once  heard  him  remark  "  that 
the  d — d  rebels  were  fighting  to  destroy  the  government 
that  their  forefathers  fought  to  obtain."  He  greatly  regret- 
ted that  his  age  and  physical  weakness  would  not  permit  him 
to  enter  the  army,  but  he  sent  in  his  place  a  favorite,  talented, 
and  promising  son,  who  while  in  the  army  contracted  a  dis- 
ease peculiar  to  a  southern  climate,  which  resulted  in  his 
death. 

Upon  the  subject  of  religion  Judge  Leonard  had  his  own 
peculiar  views,  which  he  never  obtruded  on  his  friends. 
He  attended  the  services  of  the  Episcopal  Church  out  of 
deference  to  the  feelings  of  his  family,  yet  he  did  not  believe 
in  the  Bible  as  a  revelation  of  the  Divine  will.  He  was,  how- 
ever, a  firm  believer  in  a  supreme  ruler  of  the  universe,  and 
in  the  immortality  of  the  soul. 

Tennyson  said, 

"  There  lives  more  faith  in  honest  doubt. 
Believe  me,  than  in  half  the  creeds." 

Beyond  this  it  is  doubtful  if  his  powerful  and  logical  mind 
ever  fathomed  the  divine  mysteries  of  our  existence.  In  his 
habits  he  was  temperate,  abstemious,  and  frugal  ;  in  his  chari- 
ties, liberal  and  free.  He  was  essentially  domestic  —  a  kind 
and  indulgent  father,  and  a  most  affectionate  and  devoted 
husband. 

He  died  March  28,  1863,  in  the  sixty-sixth  year  of  his 
age,  surrounded  by  his  family,  and  in  the  home  he  loved  so 
well. 

Our  acquaintance  with  Judge  Leonard  commenced  in  1840. 
In  the  presidential  election  between  Clay  and  Polk  he  took 
a  deep  interest,  being  a  great  admirer  of  Mr.  Clay.  A  {^\v 
days  after  the  election  we  met  him  at  Jefferson  City,  and 
traveled  on    horseback    with    him    to    Columbia,    in    Boone 


368  BENCH  AND  BAR   OF  MISSOURI. 

County.  He  gave  us  a  pressing  invitation  to  spend  a  few 
days  with  him  at  Fayette,  and,  as  inducement,  offered  to 
remain  over  a  day  at  Columbia.  We  accepted  his  invitation. 
That  night  we  occupied  the  same  room  at  the  hotel.  The 
returns  of  the  election  came  in  very  slowly,  but  enough  had 
been  heard  to  show  that  the  result  would  depend  on  Penn- 
sylvania ;  and,  as  the  vote  was  exceedingly  close  in  that 
state,  both  parties  were  very  apprehensive.  We  retired 
about  ten  o'clock,  in  advance  of  Mr,  Leonard,  who  remained 
up  in  hopes  of  receiving  further  intelligence.  About  eleven 
o'clock  a  report  came  in  to  the  effect  that  the  old  Key-stone 
had  given  Mr.  Clay  about  400  majority.  There  was  great 
rejoicing  among  the  Whigs,  and  the  Glee  Club  (at  the  sug- 
gestion of  Mr.  Leonard,  as  we  afterwards  learned)  assembled 
under  our  window,  and  entertained  us  with  their  songs, 
which,  to  a  Democrat,  was  certainly  a  very  poor  entertain- 
ment. It  was  said  that  Mr.  Leonard  was  so  rejoiced  that  he 
made  an  attempt,  though  a  very  lame  one,  to  join  in  the 
chorus.  The  next  morning  more  authentic  news  was 
received,  leaving  but  little  doubt  that  the  state  had  gone  for 
Mr.  Polk.  In  going  into  the  breakfast-room  we  met  Mr. 
Leonard  coming  out,  looking  gloomy  and  desponding.  We 
accosted  him  with  "Good  morning,  Mr.  Leonard;  cannot  you 
favor  us  this  morning  with  a  glee  song  ?  "  "  To  the  devil," 
said  he,  "with  your  glee  songs;  the  country  has  gone  to  h — 1, 
and  the  sooner  the  people  find  it  out  the  better." 

Judge  Leonard  was  a  purely  matter-of-fact  man,  and  never 
could  enjoy  anything  ludicrous  or  humorous.  He  could  not 
even  appreciate  a  good  anecdote,  and  if  made  the  subject  of 
a  piece  of  witticism  always  felt  aggrieved.  We  have  already 
alluded  to  his  homely  appearance.  Besides  being  very  dimin- 
utive in  stature,  he  had  large,  coarse,  ill-formed  features,  and 
it  might  be  said  of  him,  as  was  said  of  Rufus  Choate  —  "  his 
face  was  a  compound  of  wrinkles,  yellow  jaundice,  and  juris- 
prudence." Contrary  to  the  generality  of  mankind  thus  af- 
flicted, he  was  very  sensitive  in  regard  to  it.  Upon  one  oc- 
casion John  Miller,  of  Cooper  County,  a  state  senator,  who 
had  the  sobriquet  of  "  Old  Ugly,"  from  the  fact  of  being  one  of 


ABIEL  LEONARD.      .  369 

the  homeliest  men  in  the  state,  and  who  prided  himself  upon 
his  notoriety  in  that  respect,  visited  Fayette.  He  was  an  old 
friend  of  Mr.  Leonard,  and  seeing  him  talking  among  a  group 
of  gentlemen  near  the  court-house,  approached  and  joined  in 
the  conversation.  Turning  suddenly  upon  Mr.  Leonard,  he 
remarked,  "  Leonard,  I  have  a  piece  of  property  in  my  pos- 
session that  belongs  to  you,  though  I  have  carried  it  several 
years,  this  being  the  first  opportunity  I  have  had  to  deliver  it 
to  its  owner;"  and,  suiting  the  action  to  the  word,  drew  from 
his  pocket  an  old  jackknife  and  tendered  it  to  him.  In- 
stead of  accepting  the  joke  in  the  spirit  in  which  it  was 
offered,  Mr.  Leonard  became  highly  incensed,  and  noth- 
ing but  a  rapid  retreat  upon  the  part  of  Miller  prevented 
a  collision. 

During  one  of  the  sessions  of  the  Supreme  Court  at  Jeffer- 
son City,  Mr.  Leonard,  Hon.  Samuel  T.  Glover,  and  Carty 
Wells  were  there,  attending  upon  the  court.  They  put  up  at 
the  Stone  Hotel,  immediately  on  the  bank  of  the  river,  and 
after  dinner  were  in  the  habit  of  taking  a  stroll  together  up 
and  down  the  river.  Upon  one  of  these  occasions,  and  while 
standing  upon  the  bank.  Judge  Leonard  became  very  elo- 
quent in  his  description  of  the  river.  "  Ah,"  said  he, 
"it  is  the  great  Father  of  Waters.  .  It  takes  its  rise  in  the 
Rocky  Mountains,  and  majestically  winds  its  way  to  the  gulf. 
When  it  enters  the  Mississippi  it  swallows  up  that  stream, 
continuing  on  its  way,  and  carrying  upon  its  bosom  the  great 
commerce  of  the  West.  Noble  stream  !  The  greatest  Roman 
of  them  all!"  Here  Judge  Wells  interrupted  him,  saying, 
"  Leonard,  you  are  right ;  if  you  will  take  out  the  sand-bars, 
and  let  in  a  little  more  water,  it  would  make  a  mighty  good 
stream  for  small  craft."  Mr.  Leonard  turned  his  big  black 
eyes  upon  him  with  astonishment"  and  said  to  him,  "  You 
are  a  d — d  fool,"  and,  turning  upon  his  heel,  walked  off  most 
thoroughly  disgusted.  He  never  could  tolerate  Wells  after- 
wards. 

Judge  Leonard's  conception  of  the  grandeur  of  the  Mis- 
souri  River  was  equal  to  that  of  Mr.  Webster,  who,  on  his 
24 


370  BENCH  AND  BAR   OF  MISSOURI. 

return  from  one  of  his  visits  to  the  West,  was  asked  if  he 
had  seen  the  junction  of  the  Missouri  and  the  Mississippi. 
"No,"  replied  the  great  statesman;  "there  is  no  junction. 
The  Missouri  seizes  the  Mississippi,  and  carries  it  captive  to 
New  Orleans." 


Thomas  B.  English. 

We  became  acquainted  with  the  gentleman  whose  name  is 
at  the  head  of  this  article  in  the  winter  of  1846-7.  We  were 
then  serving  together  in  the  Legislature,  he  representing  the 
county  of  Cape  Girardeau.  He  seemed  to  be  a  mild  and 
amiable  gentleman,  of  excellent  habits,  and  free  from  those 
vices  which  are  not  uncommon  in  legislative  bodies.  We 
noticed  that  he  mingled  very  little  with  the  members,  and 
seemed  disposed  to  avoid  a  general  acquaintance.  As  a 
speaker  he  was  fluent  and  argumentative,  making  no  effort 
to  obtain  reputation  as  an  orator.  He  mingled  freely  in  the 
debates,  and  always  commanded  the  attention  of  the  House, 
and,  although  unpopular  by  reason  of  his  exclusiveness,  was 
credited  with  more  than  ordinary  intelligence.  We  served 
with  him  on  several  important  committees,  and  found  him 
hard-working  and  laborious.  He  exhibited  much  anxiety  to 
obtain  a  seat  in  Congress,  and  when  the  bill  for  laying  off  the 
state  into  congressional  districts  came  up,  he  evinced  a  great 
desire  to  procure  such  a  district  in  his  section  of  the  state 
as  would  favor  his  political  aspirations.  He  committed  the 
error  of  supposing  that  he  could  better  pave  the  way  to  suc- 
cess by  obtaining  the  good-will  of  both  political  parties,  and 
to  accomplish  this  was  found  frequently  voting  with  the 
Whigs.  This  led  to  a  suspicion  on  the  part  of  the  Demo- 
crats as  to  his  fealty  to  his  own  party,  and  doubtless  weak- 
ened his  chances  for  political  promotion. 

Mr.  English  was  a  native  of  Louisiana,  and  born  at  Harri- 
sonburgh,  July  15,  1811.  He  became  an  orphan  at  a  very 
early  age,  and  was  brought  up  and  educated  by  relatives,  the 
chief  of  whom  was  an  uncle  by  the  name  of  Simeon  English. 
When  a  small  boy,  in  the  year  18 17,  he  came  to  Missouri 
with  his  uncle  and  other  relatives,  who  settled  in  Cape  Gi- 
rardeau County.     Thomas  was  placed  as  a  clerk  in  the  store 


372  BENCH  AND  BAR   OF  MISSOURI. 

of  Andrew  Giboney,  and  after  remaining  there  about  two 
years  entered  St.  Mary's  College,  in  Perry  County,  where  he 
received  a  classical  education,  and  obtained  a  diploma  as 
Master  of  Arts.  To  enable  him  to  meet  a  liabilit}'  incurred 
in  his  education,  he  remained  in  the  college  two  years  after 
graduating,  teaching  the  Latin  and  Greek  languages. 

In  1834  he  married,  and,  having  fixed  upon  the  law  as  his 
vocation,  entered  as  a  student  the  law-office  of  Colonel  Ran- 
ney,  an  eminent  lawyer  at  Jackson,  and  in  due  time  was  ad- 
mitted to  the  bar,  and  commenced  his  practice  at  Jackson. 
He  soon  obtained  a  fair  amount  of  business,  which  gradually 
increased  under  his  studious  habits  and  close  application. 

As  is  well  known,  Missouri  was  limited  at  that  time,  by  her 
Constitution,  to  one  bank  and  five  branches.  Chiefly  by  the 
efforts  of  Mr.  English  one  of  these  branches  was  located  at 
Jackson,  and  Mr.  English  became  its  cashier,  and  continued 
so  for  a  period  of  twelve  years.  For  several  years  he  was 
receiver  of  the  United  States  Land  Office  at  Jackson,  and  in 
i860  was  returned  to  the  State  Senate.  In  1864  he  was 
elected  judge  of  the  Tenth  Judicial  Circuit,  but  was  ousted 
from  office  in  1865  by  the  Drake  Constitution. 

He  died  on  November  11,  1866,  leaving  a  widow  and  four 
children,  who  still  survive. 


JOHN    H.   STONE. 

We  first  met  Judge  Stone  at  a  State  Democratic  Conven- 
tion held  at  Jefferson  City  in  the  spring  of  1840.  He  was  a 
delegate  from  Callaway  County,  and  had  been  at  the  bar  but 
a  short  time.  His  fine,  commanding  appearance  and  digni- 
fied deportment  made  a  favorable  impression  upon  the  Con- 
vention. Upon  some  question  relating  to  the  organization 
of  the  body  he  made  a  brief  speech,  which  was  well  delivered 
and  well  received. 

We  did  not  meet  him  again  until  in  1843,  when  he  was  ap- 
pointed, by  Governor  Reynolds,  judge  of  the  Ninth  Judicial 
Circuit,  composed  of  the  counties  of  Franklin,  Gasconade, 
Washington,  Jefferson,  St.  Fran9ois,  and  Perry.  For  several 
years  we  attended  two  or  three  of  his  courts,  and  had  ample 
means  of  forming  an  estimate  of  his  character  and  judicial 
attainments.  Though  popular  with  the  people,  he  had  been 
defeated  the  year  before  as  a  candidate  for  the   Legislature. 

Judge  Stone  was  a  native  of  Tennessee,  but  raised  and 
educated  near  Georgetown,  Kentucky,  to  which  place  his 
parents  had  removed.  We  are  not  aware  that  he  was  a 
graduate  of  any  college,  but  his  education  was  ver}-  liberal. 
He  read  the  Latin  language  with  great  facility,  and  had 
some  knowledge  of  Greek.  His  legal  education  was  com- 
pleted at  the  law  school  in  Lexington.  He  came  to  Missouri 
in  the  winter  of  1836-7,  and  located  at  Fulton,  in  Callaway 
County,  where  he  practiced  until  elevated  to  the  bench.  He 
remained  on  the  bench  until  some  time  in  the  early  part  of 
the  war,  when  he  fell  a  victim  to  the  turbulent  spirit  which 
reigned  throughout  the  state. 

That  Judge  Stone  sympathized  with  the  Confederacy  is 
unquestionably  true,  but  that  he  ever  committed  any  overt 
act  against  his  government,  or  was  guilty  of  any  act  of  hos- 
tility, or  even  imprudence  in  conversation,  is  not  true.      He 


374  BENCH  AND  BAR    OF  MISSOURI. 

looked  upon  the  war  as  one  of  the  greatest  calamities  that 
had  ever  befallen  the  human  race.  Naturally  of  a  timid  dis- 
position, its  evils  became  greatly  magnified  in  his  imagina- 
tion. His  mind  was  constantly  dwelling  upon  it,  until  his 
reason  became  almost  dethroned.  To  cap  the  climax,  he 
was  arrested  upon  the  charge  of  disloyalty,  and  thrown  into 
the  Gratiot-Street  Prison  in  St.  Louis.  The  real  motive  for 
his  arrest  was  to  prevent  him  from  holding  his  courts  in  one 
or  two  counties  in  which  large  amounts  of  property  w'ere 
advertised  to  be  sold  under  execution.  Threats  of  violence, 
if  he  attempted  to  hold  court,  reached  his  ears,  and  he  be- 
came almost  frantic. 

Having  occasion  to  visit  the  Gratiot  Prison,  we  were 
greatly  surprised  at  finding  him  there,  and  immediately  ten- 
dered our  serx'ices  to  procure  his  release.  He  had  no  desire 
to  obtain  his  liberty,  expressing  the  belief  that  he  was  safer 
there  than  he  would  be  at  large.  We  discovered  a  great 
change  in  his  mind,  and  went  at  once  to  the  office  of  the 
provost-marshal  and  obtained  an  order  for  his  discharge. 
He  went  up  among  his  old  friends  in  Callaway,  and  finally 
settled  with  his  family  upon  a  small  farm  in  the  western  part 
of  St.  Charles,  or  eastern  part  of  Warren,  County.  We 
never  saw  him  afterwards.  The  effect  of  the  war,  and  the 
personal  ill-treatment  to  which  he  was  subjected,  hurried  him 
rapidly  to  his  grave.  He  must  have  died  shortly  after  the 
close  of  the  war. 

A  more  upright,  honest,  and  conscientious  man  never  lived. 
He  was  as  unsuspecting  and  artless  as  a  child,  and  readily  fell 
into  the  snare  of  those  who  for  selfish  purposes  contrived  his 
overthrow.  We  never  regarded  Judge  Stone  as  a  profound 
juri.st,  but  his  deficiency  in  that  respect  was  more  than  made 
up  by  his  spotless  integrity  and  true  devotion  to  the  duties  of 
his  office.  While  on  the  bench  he  resided  most  of  his  time  at 
Potosi.      He  left  a  wife  and  several  children. 


FiDELio  C.  Sharp, 

Who  was  one  of  the  most  eminent  lawyers  at  the  Missouri 
bar,  spent  a  part  of  his  professional  life  in  Lexington,  Lafay- 
ette County,  and  the  balance  in  the  city  of  St.  Louis.  He 
was  born  in  Hopkinsville,  Christian  County,  Kentucky,  on 
August  24,  1 82 1,  and  died  in  St.  Louis  on  November  28, 
1875,  at  the  age  of  fifty-four  years. 

His  grandfather,  Captain  Thomas  Sharp,  of  Virginia,  was 
a  gallant  soldier  of  the  Revolution,  and  after  the  recognition 
of  our  independence  removed  to  Tennessee,  and  settled  near 
where  Nashville  now  stands.  At  that  time  the  country  was 
filled  with  hostile  Indians,  and  the  farmers  had  to  cultivate 
the  soil  with  gun  in  hand.  While  plowing  in  his  field  Cap- 
tain Sharp  was  attacked  by  a  Cherokee  Indian,  and  very 
seriously  wounded.  He  afterwards  removed  to  Kentucky 
and  located  near  Russellville,  and  died  there  at  an  advanced 
age,  leaving  a  large  family,  including  five  sons,  two  of  whom 
were  physicians,  and  two  eminent  lawyers  ;  and  the  fifth  one, 
Absalom  M.  Sharp,  the  father  of  the  subject  of  this  sketch, 
was  in  early  life  a  merchant,  but  finally  became  a  farmer. 

The  family  were  noted  throughout  Kentucky  for  their  in- 
telligence, influence,  and  enterprise.  Fidelio  C.  Sharp  was 
only  fourteen  years  of  age  at  the  time  of  his  father's  death, 
and  the  care  and  responsibility  of  maintaining  and  raising 
the  family  devolved  upon  him  and  his  widowed  mother,  he 
being  the  oldest  of  the  sons.  This  fact  no  doubt  tended 
largely  to  the  development  of  that  energy  and  independence 
of  character  which  distinguished  him  through  life.  Even  at 
the  early  age  of  fourteen  his  education,  under  the  instruction 
of  one  James  D.  Rumsey,  a  teacher  of  rare  excellence  and 
learning,  was  well  advanced,  and  though  interrupted  for  a 
time  by  the  death  of  his  father,  and  the  necessity  thereby  im- 
posed upon  him  of  assisting  his  mother  in  the  cultivation  of 


n(>  BENCH  AND   BAR    OF  MISSOURI. 

the  farm,  was  resumed  with  additional  energy  under  the  same 
teacher,  and  with  reference  to  his  entering  upon  the  study  of 
the  law  ;  for  in  his  earliest  years  he  expressed  a  strong  desire 
to  make  the  law  his  profession.  He  commenced  the  study 
of  the  law  in  the  office  of  Sharp  &  Stiles,  at  Hopkinsville, 
and  was  there  admitted  to  the  bar  at  the  age  of. twenty-one. 

He  could  not  have  practiced  long  in  Kentucky  before  he 
determined  to  come  to  Missouri,  for  in  1843  he  located  in 
Lexington,  Lafayette  County,  and  made  a  partnership  with 
John  P.  Campbell  —  the  style  of  the  firm  being  Sharp  & 
Campbell.  The  partnership  continued  several  years,  and 
upon  its  dissolution  Mr.  Sharp  formed  a  business  connection 
with  the  Hon.  William  T.  Wood,  present  judge  of  the  Sixth 
Judicial  Circuit,  and  subsequently  with  Hon.  Samuel  L.  Saw- 
yer, late  judge  of  the  Fourteenth  Judicial  Circuit.  Their 
practice,  which  became  very  extensive,  embraced  the  courts 
of  Lafayette,  Clay,  Ray,  Carroll,  Saline,  Johnson,  Jackson, 
Bates,  and  Cass.  Mr.  Sharp's  bright  intellect,  fine  legal 
attainments,  indomitable  energy,  and  spotless  integrity 
caused  him  to  rise  rapidly  in  his  profession,  and  he  soon  took 
rank  among  the  foremost  lawyers  of  central  Missouri. 

Li  1857  he  removed  to  St.  Louis,  and  became  associated 
in  the  practice  with  Mr.  Thomas,  and  upon  the  death  of  Mr. 
Thomas  formed  a  partnership  with  the  Hon.  James  O.  Broad- 
head,  under  the  name  and  style  of  Sharp  &  Broadhead.  This 
firm,  so  noted  throughout  the  West  for  great  legal  ability, 
did  a  larger  business  than  any  other  firm  in  St.  Louis,  and 
were  retained  in  almost  every  case  of  much  magnitude.  It 
was  dissolved  by  the  death  of  Mr.  Sharp,  which  took  place 
very  suddenly  at  his  residence  on  the  corner  of  Chouteau 
and  St.  Ange  Avenues.  He  died  in  the  prime  of  manhood, 
and  in  the  full  tide  of  professional  success. 

Our  acquaintance  with  Mr.  Sharp  commenced  about  the 
time  of  his  removal  to  St.  Louis,  and  from  that  period  until 
his  death  we  were  thrown  frequently  together,  and  we  learned 
to  esteem  him  not  only  as  a  warm  personal  friend,  but  as  a 
man  of  great  legal  ability,  a  high  sense  of  honor,  and  most 
incorruptible  integrity.     We  saw  him  in  his  office  but  a  few 


FIDE  LI  O   C.  SUA  A' P.  ^J 

days  before  he  was  called  upon  to  face  the  grim  messenger 
of  death,  and  his  promise  for  a  long  and  useful  life  was  equal 
to  that  of  any  other  lawyer  of  his  age.  We  left  a  sick-bed 
to  attend  his  funeral,  and  when  we  saw  his  inanimate  body 
lying  in  its  casket,  we  could  not  escape  the  reflection, 

"  What  shadows  we  are, 
What  sliadows  we  pursue." 

The  St.  Louis  bar  held  a  meeting  and  adopted  a  series  of 
resolutions   expressive  of  the   great  loss  they  had  sustained. 

Mr.  Sharp's  death  was  greatly  mourned  by  the  profession, 
particularly  by  the  younger  members,  for  his  kindness  to 
them  was  proverbial.  He  was  ever  ready  to  aid  them  with 
his  advice  and  counsel,  and  many  of  them  ascribe  much  of 
their  success  to  his  assistance.  He  was  very  fortunate  in  his 
domestic  relations.  He  married  twice,  his  first  wife  being 
a  daughter  of  Captain  Henry  Wallace,  of  Lexington.  She 
died  in  i860,  and  in  1864  he  married  Miss  Maud,  of  St.  Louis, 
who  still  survives  him.  Both  were  ladies  of  great  worth, 
intelligence,  and  refinement. 

Mr.  Sharp  was  tall  and  spare  made,  with  dark  hair  and 
eyes,  and  his  features  denoted  unusual  intelligence.  In  his 
manner  he  was  free,  easy,  and  polite,  and  in  his  dress  very 
neat  and  tasteful ;  but  there  was  an  entire  absence  of  studied 
dignity — nothing  was  feigned,  and  nothing  assumed. 

In  his  political  tenets  he  was  Democratic  —  ready  at  all 
times  to  aid  the  cause,  and  very  efficient  on  the  eve  of  an 
election  in  the  organization  of  the  party  forces ;  but  when 
called  upon  to  become  a  candidate  for  Congress,  and  other 
positions  of  honor  and  high  trust,  he  invariably  refused. 
Time  and  again  have  we  urged  him  to  let  his  name  be  used 
for  positions  which  almost  any  man  would  have  been  proud 
of,  but  he  had  but  one  reply  to  make  :  "  I  would  not  accept 
the  best  office  within  the  gift  of  the  people."  His  happiness 
was  in  his  family  and  his  profession,  and  nothing  could  en- 
tice him  from  either. 

Mr.  Sharp  was  often  charged  with  avarice,  but  beyond  a 
strong  desire  to  place  himself  in  independent  circumstances, 


Z7'^  BENCH  AND  BAR   OF  MISSOURI. 

and  his  family,  in  the  event  of  his  death,  above  want,  we  never 
saw  any  evidence  of  it.  It  is  certainly  true  that  many  of  his 
charities  exhibited  a  strong  compassion  for  the  poor,  and 
were  never  made  public  through  his  instrumentality.  He 
was  close  and  shrewd  in  a  trade,  and  fond  of  making  money, 
but  there  was  nothing  sordid  or  selfish  in  his  composition. 
In  his  intercourse  with  his  professional  brethren  he  was  can- 
did and  courteous.  There  was  nothing  so  repugnant  to  his 
nature  as  professional  trickery,  or  a  want  of  professional 
courtesy.  He  looked  upon  the  law  as  an  honorable  calling, 
and  often  regretted  the  demoralization  brought  upon  it  by 
legal  quacks  and  men  of  low  instincts.  Long  before  the 
organization  of  the  Bar  Association  he  expressed  a  strong 
desire  for  the  adoption  of  some  measure  that  would  tend  to 
purify  and  elevate  the  standard  of  the  profession. 

Mr.  Sharp  was  a  man  of  a  fine  flow  of  spirits,  enjoyed  a 
heart}.'  laugh,  and  though  not  much  given  to  the  telling  of 
anecdotes,  enjoyed  them  greatly  when  well  told  by  others. 

Colonel  J.  O.  Broadhead,  who  was  his  partner  for  many 
years,  thus  speaks  of  him  as  a  lawyer: 

"  I  think  I  am  not  doing  others  injustice  when  I  say  that  as  a  practitioner 
Mr.  Sharp  had  no  equal  in  the  profession  in  this  state;  what  I  mean  is,  in  the 
preparation  and  trial  of  a  case  before  a  iiisi-prius  court.  In  learning  everything 
that  was  to  be  known  touching  the  merits  of  the  case  on  either  side  ;  in  finding 
out  and  marshaling  the  testimony;  in  knowing  beforehand  all  that  each  witness 
would  swear  to,  as  far  as  it  was  possible  to  be  known ;  in  learning  beforehand 
the  character  of  the  witness,  and  what  would  be  his  bearing  upon  the  witness- 
stand  ;  in  apprising  him  of  the  efforts  that  would  be  made  to  confuse  and  con- 
fute him  by  the  other  side,  so  that  he  might  be  prepared  to  stand  the  fire  of  a 
cross-examination;  in  preparing  and  arranging  his  papers;  in  anticipating 
the  tactics  of  his  adversary ;  in  looking  up  authorities  u])on  the  different 
questions  of  law  that  would  probably  arise  in  the  progress  of  the  triiil;  in 
the  general  preparation  of  the  case  for  trial,  and  the  conduct  of  the  trial,  and 
the  examination  of  witnesses,  he  was  unequaled  at  the  bar  —  always  ready, 
always  on  the  alert,  earnest,  vigilant,  and  making  his  client's  case  his  own  so 
completely  as  to  command  the  unbounded  confidence  and  devotion  of  every 
one  whose  cause  he  advocated.  With  such  qualities  he  was  necessarily  em- 
inently successful  in  his  practice,  and  left  a  reputation  behind  him  of  which 
his  friends  may  well  be  proud." 


James  Winston. 

This  talented,  popular,  and  eccentric  lawyer  was  well 
known  throughout  central  and  western  Missouri.  We  never 
saw  him  bui  once,  and  he  then  occupied  a  seat  in  the  State 
Senate.  He  was  a  rough  diamond;  a  natural  orator  —  un- 
adorned, unrefined,  and  unpolished.  The  gift  of  swaying 
the  minds  of  men  and  leading  them  captive  he  inherited  from 
his  grandfather,  the  great  Revolutionary  orator,  Patrick 
Henry,  liis  mother  being  the  youngest  daughter  of  Henry. 
But  he  certainly  did  not  inherit  any  of  the  graces  of  his  per- 
son, for  a  more  undignified,  rough,  and  awkward  man  did  not 
belong  to  the  Missouri  bar. 

Mr.  Winston  was  born  in  1813  or  18 14,  but  whether  in 
Virginia  or  North  Carolina  is  a  matter  of  some  doubt.  Soon 
after  marrying  Miss  Henry  his  father  settled  on  Dan  River, 
in  North  Carolina,  and  James  was  one  of  the  youngest  of 
twelve  children.  This  would  seem  to  indicate  that  he  was 
born  in  Carolina,  but  it  has  been  said  that  at  his  birth  his 
mother  was  on  a  visit  to  Virginia.  His  elder  brothers, 
Patrick  and  George,  received  a  collegiate  education,  but 
James  and  his  younger  brothers,  by  reason  of  their  father's 
limited  means,  had  to  put  up  with  such  instruction  as  they 
could  obtain  in  the  common  schools.  His  deficient  educa- 
tion was  a  drawback  to  him  through  life,  though  he  endeav- 
ored to  make  up  for  it  by  close  and  continued  application  to 
books.  He  was  a  constant  reader,  and,  having  a  most  reten- 
tive memory,  was  enabled  to  accumulate  a  large  amount  of 
historical,  biographical,  scientific,  and  legal  knowledge.  It 
is  stated  by  those  who  were  intimately  acquainted  with  him 
that  his  knowledge  of  ancient  history  was  unsurpassed.  Of 
mathematics  he  knew  nothing,  and  was  positively  ignorant 
of  the  simplest   rules   in   arithmetic.      His    orthography  was 


380  BENCH  AND  BAR   OF  MISSOURI. 

good,  but  his  chirography  and  composition  were  very  in- 
ferior. But  he  was  chiefly  distinguished  for  his  briUiant 
conversational  powers.  When  a  subject  was  introduced  that 
required  the  knowledge  that  comes  from  books  and  close 
and  accurate  reading,  he  appeared  to  great  advantage,  and 
in  strange  contrast  with  his  clumsy  and  awkward  demeanor. 

Mr.  Winston  came  to  Missouri  as  early  as  1834,  and  first 
settled  at  Boonville.  He  afterwards  moved  to  Warsaw,  in 
Benton  County,  and  practiced  in  the  south-western  counties. 
While  representing  the  Benton  District  in  the  Senate,  to 
which  he  was  elected  in  1850,  he  acquired  considerable  repu- 
tation as  a  fluent  and  witty  speaker,  and  became  quite  popu- 
lar with  the  Whig  party  —  so  much  so  that  in  1852  he  was 
their  nominee  for  governor.  He  ran  against  Sterling  Price, 
the  Democratic  nominee.  He  was  a  noted  walker,  and  when 
going  around  his  circuit  attending  the  courts,  or  canvassing 
the  state  for  governor,  he  traveled  on  foot.  He  was  very 
slovenly  in  his  dress,  and  while  at  Boonville,  on  his  way  to 
St.  Louis  to  fill  an  appointment,  his  Whig  friends  procured 
a  new  suit  for  him,  which  he  was  very  loth  to  accept ;  for  he 
said  he  could  not  feel  comfortable  in  his  new  garb,  and  his 
old  friends  would  not  recognize  him.  He  was  very  fond  of 
hunting  and  fishing,  and  was  a  great  eater  and  a  great 
drinker. 

Mr.  Lay,  in  his  history  of  Benton  Count}',  erroneously 
attributes  to  him  the  expression  "  that  a  turkey  was  an 
inconvenient  bird  —  not  enough  for  two,  and  too  much  for 
one."  That  noted  saying  originated  with  a  distinguished 
Presbyterian  clergyman  in  Albany,  New  York,  by  the  name 
of  Sprague,  half  a  century  ago.  He  was  a  noted  gorman- 
dizer, and,  when  a  young  man,  always  paid  double  board. 

That  Mr.  Winston  was  a  voracious  eater,  and  delighted  in 
all  the  creature  comforts,  as  he  called  them,  was  unquestion- 
ably true —  in  fact,  he  had  but  little  ambition  for  anything 
else.  He  had  a  good  practice  at  the  bar,  but  felt  a  strange 
aversion  to  asking  his  client  for  his  fee  ;  consequently  he 
scarcely  ever  had  any  money,  and  always  labored  under 
pecuniary  embarrassment.     A  man  of  his  habits  and  tastes 


JAMES   WINSTON.  38 1 

could  not  become  a  very  profound  lawyer;  yet  he  stood  well 
at  the  bar,  and  was  regarded  as  a  successful  practitioner. 

As  a  declainier  he  was  witt}%  sarcastic,  and  humorous. 
As  a  punster  no  one  excelled  him.  This  is  an  extremel)' 
rare  gift,  and  while  thousands  attempt  puns  upon  words,  not 
one  in  a  thousand  is  successful.  Some  of  the  English 
judges  in  Queen  Elizabeth's  time  were  noted  for  it.  Jeaffer- 
son,  in  his  book  about  English  lawyers,  gives  several  speci- 
mens. One  relates  to  Hatton.  In  a  land  case  tried  before 
him,  involving  questions  of  location  and  boundary,  one  of 
the  counsel,  pointing  to  a  map  in  his  hand,  remarked,  with 
explanatory  emphasis,  "We  lie  on  this  side,  my  lord;"  and 
the  opposite  counsel  interposed,  with  equal  vehemence,  "We 
lie  this  side,  my  lord."  The  lord  chancellor  leaned  back- 
wards, and  dryly  observed,  "  If  }'ou  lie  on  both  sides,  whom 
am  I  to  believe  ?  " 

Baron  Alderson,  in  reply  to  a  juryman's  confession  that 
he  was  deaf  in  one  ear,  observed,  "Then  leave  the  box  be- 
fore the  trial  begins;  for  it  is  necessary  that  jurymen  should 
hear  both  sides'' 

Edwards  tells  a  very  good  one  on  Judge  James  Kent,  of 
New  York,  a  son  of  the  chancellor.  He  was  a  regular  at- 
tendant upon  the  Episcopal  Church,  and  in  the  pew  fronting 
him  was  one  of  the  vestrymen,  by  the  name  of  Henry,  who 
in  his  responses  was  very  slow  and  deliberate,  and  his  words 
came,  echo-like,  after  others.  Coming  out  of  the  church  one 
day,  Kent  said  to  him,  "  Brother  Henry,  why  is  it  you  '  de- 
scend into  heir  several  minutes  after  the  rest  of  the  congre- 
gation ?  " 

The  following  is  attributed  by  Mr.  Edwards  to  Charles 
O'Conor:  "Where  are  you  going?"  said  Mr.  O'Conor, 
meeting  Robert  Dillon.  "  I  am  going  to  attend  our  broth- 
er's funeral;  won't  you  go?"  [O'Conor  and  the  deceased 
had  not  been  on  good  terms.]  "Well,"  responded  O'Conor, 
musingly,  weighingly,  "  no,  I  think  not;  but  then,  again,  per- 
haps I  ought,  for  he  certainly  would  have  been  delighted  to 
attend  my  funeral." 

Mr.  Winston  seemed  to  have  no  definite  purpose   in    life, 


382  BENCH  AND  BAR   OF  MISSOURI. 

except  to  be  thought  well  of  by  his  friends  and  in  his  profes- 
sion. He  practiced  law  from  necessity ;  became  a  candidate 
for  governor  because  his  friends  wished  to  use  his  name,  and 
it  is  questionable  if  his  defeat  ever  gave  him  a  moment  of 
pain.  As  long  as  he  had  plenty  to  eat  and  drink,  and  could 
indulge  in  his  favorite  amusements  of  fishing  and  hunting,  he 
cared  for  nothing  else. 

He  has  been  dead  many  years. 


JOHN    DELAFIELD. 

No  nation  pays  more  attention  to  the  education  of  the 
young  men  destined  for  the  learned  professions  than  the 
EngHsh,  and  it  would  be  difficult  to  refer  to  any  one  that  is 
more  negligent  in  that  respect  than  our  own.  It  is  very  rare 
to  find  an  English  barrister  who  is  not  a  classical  scholar, 
and  who  has  not  pursued  a  regular  course  of  legal  study ; 
while  at  least  one-fourth  of  the  attorneys  of  the  United 
States  are  not  only  destitute  of  the  rudiments  of  an  English 
education,  but  have  been  admitted  to  the  bar  after  a  few 
months  of  superficial  reading  of  Blackstone  or  Kent.  In- 
deed, it  is  not  uncommon  in  our  own  state  to  find  ex-sheriffs 
and  ex-clerks  of  counties  applying  for  a  license,  with  no 
other  knowledge  of  the  law  but  what  they  have  picked  up 
during  their  official  service.  It  is  for  this  reason  that  the 
profession,  particularly  in  the  West,  occupies  so  inferior  a 
position  in  public  estimation.  To  what  extent  this  may  be 
remedied  by  legislation  is  a  matter  for  the  consideration  of 
those  who  are  called  upon  to  enact  our  laws. 

John  Delafield  was  an  Englishman,  born  of  English 
parents,  in  London,  October  21,  18 12.  When  he  was  only 
ten  years  of  age  the  family  came  to  the  United  States,  and 
settled  in  the  city  of  New  York.  Intending  to  make  a  law- 
yer of  his  son,  the  father  sent  him  to  the  best  grammar- 
school  in  that  city,  and  finally  he  was  placed  in  Columbia 
College,  where  he  graduated  in  1830.  During  that  year  he 
was  appointed  librarian  of  the  New  York  Historical  Society. 
He  then  commenced  the  study  of  the  law  with  Judge  Arius 
Nye,  of  Marietta,  Ohio,  and,  after  applying  himself  dili- 
gently nearly  three  years,  was  admitted  to  the  bar  of  that 
state,  and  soon  after  married  Miss  Edith  Wallace,  in  Cincin- 
nati.     After  a  few  years'   practice  in   Ohio  he  changed  his 


384  BENCH  AND  BAR   0I<   MISSOURI. 

residence  to  Memphis,  Tennessee,  and  there  acquired  con- 
siderable reputation  in  his  profession. 

In  1849  ^'^^  moved  to  St.  Louis,  and  in  1852  we  made  his 
acquaintance.  He  was  retained  in  a  number  of  our  im- 
portant land  suits,  and  was  regarded  as  an  acquisition  to  the 
profession.  Unfortunately  for  Mr.  Delafield's  professional 
success,  he  turned  his  attention  to  literary  pursuits,  for  which 
he  had  always  manifested  a  decided  inclination.  He  wrote  for 
the  press  several  essays  on  scientific  subjects,  which  were  very 
favorably  received.  One  of  his  works,  entitled  "  Antiquities 
of  America,"  published  in  1839,  was  largely  circulated  in  En- 
gland, and  received  the  highest  commendation  from  societies 
both  in  England  and  in  this  country.  It  procured  for  him 
from  two  colleges  the  degree  of  Doctor  of  Laws. 

While  on  a  visit  to  Europe,  for  his  health,  he  died  in  Liv- 
erpool, in  1865,  at  the  age  of  fifty-three.  He  left  a  wife  and 
four  children  —  three  daughters  and  a  son.  The  daughters 
all  married,  and  the  son  is  now  a  prominent  business  man  in 
St.  Louis. 


William  McCord. 

Notwithstanding  the  easy  and  social  habits  of  Mr.  McCord, 
there  are  but  few  persons  outside  of  Morgan,  and  one  or  two 
counties  adjacent  thereto,  who  have  any  recollection  of  him, 
and  no  one  is  now  living,  beyond  his  own  family,  capable  of 
defining  his  peculiarities.  He  was  probably  the  earliest  law- 
yer of  Morgan  County,  though  others,  particularly  from  the 
Cole  bar,  practiced  in  the  Morgan  court  before  Mr.  McCord's 
time. 

He  was  of  Scotch  descent,  but  born,  raised,  and  educated 
in  Albemarle  County,  Virginia.  He  received  a  good  English 
education,  became  an  excellent  mathematician,  and  acquired 
a  fair  knowledge  of  the  Latin  tongue. 

About  the  time  of  his  becoming  of  age,  and  his  admission 
to  the  bar,  he  married  Miss  Sally  M.  Field,  a  daughter  of 
a  wealthy  planter  of  Albemarle  County.  In  1825  Mr.  Mc- 
Cord moved  into  Randolph  County,  and  located  at  Bev- 
erly. We  are  unable  to  give  the  year  of  his  birth,  but  it 
must  have  been  about  1800,  for  he  practiced  a  few  years 
in  Albemarle  before  going  to  Randolph.  In  1831  he  again 
changed  his  residence,  and  located  at  Huntsville,  in  Poca- 
hontas County.  It  was  during  his  residence  at  Huntsville 
that  he  obtained  his  largest  practice.  He  attended  the 
courts  of  several  counties,  including  Greenbrier,  Bath,  and 
Monroe. 

Having  a  large  family,  still  increasing,  he  began  to  think 
seriously  of  coming  to  the  far  West,  and  in  1836  put  his 
purpose  into  execution.  He  crossed  the  Mississippi  at  Cape 
Girardeau,  Missouri,  and  there  formed  a  mercantile  partner- 
ship with  two  old  Virginia  friends,  Hugh  F.  Young  and 
Robert  Steele.  The  business  was  conducted  under  the  firm- 
name  of  McCord,  Young  &  Co.,  but  proved  disastrous,  and 
Mr.  McCord  again  turned  his  attention  to  the  practice  of  his 

25 


386  BENCH  AND  BAR   OF  MISSOURI. 

profession.  In  1837  he  moved  to  Versailles,  in  Morgan 
County,  where  he  died  in  October,  1839.  The  change  of 
residence  to  Versailles  was  probably  induced  by  the  fact  that 
his  father-in-law  had  in  the  meantime  left  Virginia,  and  set- 
tled in  Cooper  County,  Missouri,  about  twelve  miles  south- 
west of  Boonville. 

Mr.  McCord  was  credited  with  being  a  good  lawyer,  and 
having  a  good  legal  mind,  but  was  lacking  in  that  application 
and  diligent  study  so  essential  to  eminence  in  the  profession. 
He  was  a  generous,  kind-hearted  man,  full  of  life  and  anima- 
tion ;  was  always  happy  himself,  and  endeavored  to  make 
every  one  else  happy  about  him.  He  took  life  easy,  looked 
at  the  bright  side  of  everything,  and  belonged  to  that  school 
of  philosophy  which  teaches  "  that  whatever  is  is  right." 
He  was  a  strong  predestinarian,  never  permitted  himself  to 
brood  over  any  misfortune  or  disappointment,  and  quietly 
submitted  to  what  he  called  "  inevitable  destiny."  He  had  a 
large  fund  of  good  humor,  delighted  in  anecdote  and  social 
intercourse,  and  sought  every  occasion  to  mingle  in  the 
society  of  his  friends.  He  took  a  lively  interest  in  politics, 
was  a  great  admirer  of  Webster  and  Clay,  but  never  sought 
office  for  himself.  His  party  being  in  the  minority  in  Mis- 
souri, he  saw  no  hope  for  political  preferment.  He  was  a 
poor  financier,  and  never  was  free  from  pecuniary  embar- 
rassment. He  had  a  high  sense  of  honor,  and  despised 
hypocrisy  and  the  semblance  of  untruth.  We  have  spoken 
of  his  free  and  generous  nature,  which  no  doubt  led  him  to 
contract  intemperate  habits.  He  left  a  wife  and  six  children, 
but  the  only  one  surviving  is  James  McCord,  of  the  firm  of 
Nave,  McCord  &  Co.,  of  St.  Joseph. 


James  W.  Morrow. 

We  knew  this  gentleman  many  years,  during  which  time 
he  Hved  in  Jefferson  City,  and  was  judge  of  the  circuit  com- 
posed of  the  counties  of  Cole,  Cooper,  Moniteau,  Morgan, 
Miller,  and,  if  we  mistake  not,  Osage.  He  was  born  in  Bath 
County,  Kentucky,  January  lO,  i8iO;  was  the  son  of  Robert 
Morrow,  and  his  mother  was  a  sister  of  Judge  Robert  Trim- 
ble, of  Paris,  Kentucky.  The  family  was  of  Scotch  descent, 
and  came  to  Kentucky  at  an  early  period. 

James  was  sent  to  Transylvania  University,  and  graduated 
there  at  the  age  of  about  twenty.  He  then  entered  the 
office  of  his  uncle,  Judge  Trimble,  and  with  that  able  jurist 
completed  his  legal  studies.  In  1835  or  1836  he  moved  to 
Fayette,  Missouri,  and  in  1839  married  Miss  Elizabeth  Kyle, 
a  daughter  of  David  Kyle,  a  merchant  in  St.  Louis. 

Mr.  Morrow  was  not  at  the  bar  long  enough  to  obtain  dis- 
tinction in  his  profession,  for  he  was  soon  appointed  judge  of 
the  Cole  Circuit,  which  position  he  must  have  held  till  his 
death.  He  made  a  good  judge,  and  gave  general  satisfac- 
tion. He  was  a  very  prepossessing  man  in  appearance, 
being  not  only  strikingly  handsome,  but  agreeable  and  gen- 
tlemanly in  his  demeanor. 

He  had  a  great  passion  for  fishing,  and,  when  not  engaged 
with  his  courts,  indulged  in  it  very  freely.  It  was  a  trite 
saying,  in  Jefferson  City,  "that  when  Judge  Morrow  couldn't 
catch  fish  in  the  Osage  River,  no  one  else  need  try."  He 
would  converse  for  hours  upon  the  art  and  different  methods 
of  angling.  He  was  also  generous  and  liberal,  and  very 
courteous  to  attorneys  in  his  court,  particularly  those  just 
commencing  the  practice. 

Judge  Morrow  died  at  Harrodsburg,  Kentucky,  August 
16,  1858,  in  his  forty-ninth  year.  His  widow  and  two 
married  daughters  still  survive  him. 


388  BENCH  AND  BAR   OF  MISSOURI. 

The  judge  had  a  rich  fund  of  humor,  deh'ghted  in  anec- 
dote, and  the  lawyers  who  practiced  before  him  credit  him 
with  many  exhibitions  of  genuine  wit  and  repartee.  He  pre- 
sided over  his  courts  with  great  ease,  and  free  from  that  au- 
stere and  rigid  demeanor  that  often  characterizes  our  7iisi- 
prius  judges. 

At  the  time  of  his  death  he  was  in  the  prime  of  Hfe. 


David  Todd. 

Few  of  the  early  judges  of  Missouri  were  better  known 
than  David  Todd,  who  for  many  years  presided  over  the  most 
important  circuit  in  the  state.  He  was  the  oldest  son  and 
child  of  General  Levi  Todd,  who  was  of  Irish  descent.  His 
mother  was  a  Briggs,  and  niece  of  General  Benjamin  Logan. 
The  grandfather  of  David  Todd  was  a  native  of  Pennsylvania, 
and  among  the  earliest  pioneers  to  Kentucky,  and  partici- 
pated in  most  of  the  Indian  fights.  He  was  a  lawyer  by  pro- 
fession, and  for  many  years  clerk  of  the  Circuit  Court  of 
Fayette  County. 

David  Todd  received  a  liberal  education,  was  well  versed 
in  Greek  and  Latin,  and  had  some  knowledge  of  French  and 
Spanish.  He  was  educated  at  the  Transylvania  University, 
in  Lexington,  but  whether  or  not  he  graduated  we  are  un- 
able to  state.  He  pursued  his  legal  studies  in  the  office  of 
Judge  Bibb,  of  Lexington,  one  of  the  most  distinguished  jur- 
ists of  the  West,  and  was  admitted  to  the  bar  of  Kentucky  in 
1 8 10.  In  1812  he  was  elected  captain  of  a  military  company 
in  Lexington,  and  joined  the  army  under  General  Harrison. 
He  participated  in  the  battle  of  the  Thames,  and  other  en- 
gagements, and  earned  the  reputation  of  a  brave  and  chival- 
rous officer. 

At  the  close  of  the  war  the  people  of  Fayette  County  se- 
lected him  as  their  representative  in  the  State  Legislature, 
and  reelected  him  for  several  successive  terms. 

Soon  after  the  admission  of  Missouri  as  a  state  he  crossed 
the  Mississippi  and  located  in  Franklin,  Howard  County,  and 
was  contemporary  in  the  practice  with  Gamble,  French, 
Ryland,  Leonard,  Hayden,  and  others.  He  did  not  practice 
long  before  he  was  appointed  judge  of  the  Howard  Circuit, 
which  extended  from  St.  Charles  to  the  western  boundary  of 
the  state  on  the  north  side  of  the  Missouri  River,  and  em- 
braced Cooper,  Cole,  and  other  counties  on  the  south  side. 


390  BENCH  AND  BAR   OF  MISSOURI. 

He  presided  at  the  first  court  that  was  held  in  Cole  County, 
on  January  5,  1821.  It  was  at  the  house  of  John  English. 
Lawyers  in  attendance  :  Gamble,  Hayden,  Leonard,  Tomp- 
kins, Carr,  and  Brickey.     Gamble  was  circuit  attorney. 

In  1 8 10  Judge  Todd  married  Eliza  Barr,  daughter  of  a 
wealthy  merchant  of  Lexington,  Kentucky,  by  the  name  of 
Robert  Barr.  (3f  this  marriage  there  were  ten  children, 
eight  of  whom,  two  sons  and  six  daughters,  survived  him. 

After  a  long  and  successful  professional  career,  he  died  in 
1859,  in  Columbia,  Boone  County,  which  had  been  his  place 
of  residence  for  nearly  thirty  years. 

We  never  had  the  pleasure  of  meeting  Judge  Todd,  but 
have  always  understood  that  he  was  a  fine-looking  man, 
about  five  feet  ten  inches  in  height,  well  built,  and  of  a  strong, 
robust  constitution.  He  had  a  very  intellectual  countenance ; 
his  forehead  was  high  and  broad,  his  eyes  black,  and  his  hair 
black  and  curling.  He  was  much  admired  by  the  ladies; 
for,  in  addition  to  his  manly  beauty,  he  had  fine  conversa- 
tional powers  and  was  graceful  and  easy  in  his  manners. 

The  reader  is  referred  to  an  amusing  anecdote  of  him  in 
reference  to  the  "buxom  widow,"  related  in  the  sketch  of 
Peyton  R.  Hayden. 

His  mind  was  a  store-house  of  information,  for  he  never 
forgot  anything  he  read,  whether  in  law,  literature,  or  sci- 
ence. He  was  by  no  means  a  brilliant  man,  yet  he  possessed 
a  vigorous,  well-balanced  mind,  and  had  a  very  clear  compre- 
hension of  the  principles  of  the  law.  In  his*  disposition  he 
was  social  and  cheerful,  and  at  his  home  in  Columbia  dis- 
pensed the  most  liberal  hospitality.  He  was,  moreover,  a 
man  of  kind  heart  and  tender  feelings,  as  the  following  inci- 
dent related  to  us  by  his  son  well  illustrates  : 

"  One  day,"  said  his  son,  "  I  was  traveling  in  Texas,  and 
stopped  for  dinner  at  a  large  farm-house.  As  I  dismounted, 
a  venerable-looking  gentleman  came  out  to  receive  me.  We 
soon  fell  into  conversation,  during  which  I  casually  men- 
tioned my  name,  when  with  some  emotion  he  remarked  that 
the  best  friend  he  ever  had  was  of  the  same  name  —  '  Todd  — 
Judge  David  Todd.'  I  told  him  that  that  was  the  name  of  my 
father.     He  seemed  greatly  excited — got  up,  and  shook  me 


DAVID   TODD.  391 

cordially  by  the  hand,  and  remarked  that  he  was  tried  before 
my  father  for  murder,  and  was  indebted  to  him  for  his  hfe. 
He  then  proceeded  to  relate  the  circumstances,  as  follows : 
He  said  that  some  forty  years  before  he  was  residing  in  Mis- 
souri;  that  he  attended  a  public  gathering  of  the  people  in 
his  neighborhood  ;  that  he  was  challenged  by  several  young 
men  to  wrestle,  and  on  every  occasion  was  successful ;  that 
a  general  row  took  place,  resulting  in  a  murderous  attack 
upon  him  ;  that  in  repelling  the  assault  he  struck  one  of  them 
with  a  club,  producing  his  death  ;  that  he  was  arrested,  and 
indicted  upon  the  charge  of  murder,  and  tried  before  my 
father;  that  the  trial  produced  intense  excitement,  his  friends 
and  enemies  being  present  in  full  force.  After  the  jury  ren- 
dered a  verdict  of  acquittal  the  court  adjourned.  All  was 
tumult  and  excitement.  In  the  midst  of  it  the  sheriff  tapped 
him  on  the  shoulder,  and  whispered  to  him  to  slip  away  qui- 
etly from  the  crowd,  and  go  to  the  judge's  room  in  the  hotel, 
as  the  judge  wanted  to  see  him  immediately.  He  obeyed 
the  summons,  and  found  the  judge  in  his  room.  That  the 
judge  told  him  he  had  sent  for  him  to  let  him  know  that  his 
life  was  in  imminent  danger,  that  a  plot  was  on  hand  to  kill 
him,  and  that  daylight  must  not  find  him  in  the  county.  He 
told  the  judge  that  he  had  a  horse,  but  very  little  money,  and 
was  poorly  prepared  to  start  on  a  long  journey.  Said  he, 
'  Your  father  took  out  his  pocket-book,  and  handed  me  all 
the  money  in  it.  He  also  gave  me  a  paper  upon  which  was 
marked  the  route  to  Louisiana,  and  a  letter  of  introduction 
to  his  (the  judge's)  brother,  in  the  parish  of  St.  Landry.' 
Said  he,  '  I  left  that  night,  followed  your  father's  instructions, 
and  have  never  been  in  Missouri  since.'  Here  the  old  man's 
utterance  failed,  and,  still  holding  me  with  a  firm  grasp,  he 
wept  like  a  child." 

Many  other  instances  of  Judge  Todd's  benevolence  are 
related  by  the  old  inhabitants  of  central  Missouri,  but  this 
must  suffice. 

He  was  an  impartial,  upright,  and  conscientious  judge. 
At  the  time  of  his  death  he  had  reached  his  seventy-third 
year.  One  of  his  sons  is  a  prominent  lawyer  in  Bastrop, 
Louisiana. 


Sam  Caruthers. 

Were  we  to  give  the  full  scriptural  name  of  this  gentle- 
man, his  friends  would  scarcely  recognize  him,  for  he  was 
known  by  no  other  Christian  name  than  "  Sam."  He  was  a 
native  Missourian,  born  in  Madison  County,  October  13,  1820, 
and  educated  at  the  Cumberland  University,  Lebanon,  Ten- 
nessee. He  was  the  oldest  son  of  David  Looney  Caruthers, 
a  farmer  of  more  than  ordinary  intelligence,  who  brought 
his  sons  up  to  work  on  his  farm  until  it  became  necessary  to 
send  them  away  to  be  educated.  Sam,  at  an  early  period, 
expressed  a  desire  to  follow  the  profession  of  the  law,  and 
he  commenced  its  study  in  Tennessee  with  his  uncle,  Robert 
L.  Caruthers,  who  had  some  connection  with  the  above-men- 
tioned university.  As  soon  as  he  completed  his  studies  he 
was  admitted  to  the  bar,  and  commenced  the  practice  in  his 
native  county  of  Madison. 

In  1849  he  married  Miss  Sophronia  Smith,  of  Greenville, 
Wayne  County,  by  whom  he  had  two  children,  a  son  and 
daughter,  the  former  following  the  profession  of  his  father, 
and  now  practicing  in  the  city  of  New  Orleans. 

We  remember  Sam  Caruthers  as  a  whole-souled,  genial, 
and  companionable  man,  who  made  friends  wherever  he 
went.  There  was  nothing  in  him  sordid  or  selfish,  and  he 
was  ever  ready  to  lend  a  helping  hand  to  all  who  applied  to 
him.  Had  he  devoted  himself  to  his  profession  he  would 
undoubtedly  have  made  a  successful  lawyer;  but  his  fond- 
ness for  public  life  led  him  into  a  different  channel.  He 
soon  embarked  in  politics,  and  in  1853  was  elected  to  Con- 
gress from  the  South-eastern  District,  which  he  continued  to 
represent  till  1849. 

He  died  at  Cape  Girardeau,  July  20,  i860,  in  his  fortieth 
year. 

Mr.  Caruthers  obtained  reputation  in  and  out  of  Congress 
as  a  speaker,  and   upon  the  stump  had   but  few  superiors. 


SAM  CAKUTHERS.  393 

He  had  a  fine  voice,  was  ready  and  fluent,  told  a  good  anec- 
dote, and  at  times  was  very  ingenious  in  the  appHcation  of 
them  —  often  to  the  great  discomfiture  of  his  opponent. 
The  lower  part  of  his  district  is  a  low,  swampy  country,  and 
the  people  there  gave  him  the  sobriquet  of  the  "  Swamp 
Fox,"  which  name  followed  him  to  Washington. 

One  cause  of  his  popularity  was  his  fine  memory  with  re- 
spect to  names  of  persons.  He  seldom  forgot  a  name,  and 
if  he  met  a  person  years  after  an  introduction,  would  gener- 
ally call  his  name.  To  a  public  man,  and  particularly  a 
politician,  this  rare  gift  is  invaluable. 


Francis  P.  Blair,  Jr. 

The  Blair  family  are  of  Scotch  descent.  Frank's  paternal 
grandfather,  James  Blair,  was  a  lawyer  in  Virginia,  and  early 
moved  into  Kentucky,  and  became  attorney-general  of  that 
state.  He  was  a  man  of  considerable  ability.  Frank  was 
born  in  or  near  Lexington,  Kentucky,  February  19,  1821, 
and  when  about  ten  years  of  age  removed  with  his  parents 
to  Washington  City.  His  father,  Francis  P.  Blair,  Sr.,  who 
recently  died  at  a  very  advanced  age,  was  one  of  the  strong- 
est political  writers  in  the  country.  During  the  early  part  of 
President  Jackson's  administration  some  able  articles  from 
his  pen  appeared  in  one  of  the  Lexington  papers,  and  at- 
tracted the  attention  of  General  Jackson,  who  invited  him  to 
take  charge  of  his  administration  organ  at  Washington  City. 
It  was  there  that  the  author,  who  was  then  twelve  years  of 
age,  made  the  acquaintance  of  Frank,  who  was  about  ten. 
They  were  school-mates  in  a  select  school  kept  by  a  gentle- 
man by  the  name  of  Smith,  an  accomplished  scholar  and  a 
graduate  of  Yale.  He  afterwards  became  an  eminent  law- 
yer at  Louisville.  Among  his  pupils  were  Frank  and  James 
Blair,  Martin  and  Smith  Van  Buren,  sons  of  President  Van 
Buren,  General  Mansfield  Lovell,  who  during  the  late  war 
commanded  the  Confederate  forces  at  New  Orleans,  James 
Colegate,  Nat  Coursine,  and  John  Barclay,  author  of  a  late 
work  on  parliamentary  law.  Mr.  Smith  was  a  strict  disciplin- 
arian, and  often  said  Frank  gave  him  more  trouble  than  all 
the  other  scholars  combined;  not  that  he  was  deficient  in 
his  studies,  but  he  was  prone  to  mischief,  and  often  disposed 
to  forget  the  rules  of  the  school.  Frank,  as  we  always  called 
him,  was  a  great  favorite  with  the  boys,  and  excelled  nearly 
all  in  athletic  exercises.  He  stood  well  in  his  class,  and  yet 
out  of  school  was  rarely  seen  with  a  book  in  his  hands. 
He  learned   rapidly  and    with  ease,  which  enabled  him   to 


FRANCIS  P.  BLAIR,  JR.  395 

spend  much  of  his  time  in  outdoor  sports.  He  had  a  nick- 
name for  every  boy,  and  his  faciUty  for  making  it  stick  never 
deserted  him  in  after-life.  Who  does  not  recollect  "  Old 
Sawbones,"  the  name  he  gave  to  that  able  and  eccentric 
surgeon,  Dr.  Joseph  McDowell,  the  Native-American  ora- 
tor? After  leaving  Smith's  school  we  returned  to  New 
York,  and  Frank  entered  Princeton  College,  where  he  com- 
pleted his  education.  He  commenced  his  legal  studies 
with  Lewis  Marshall,  and  finished  at  the  Trans}'lvania  Law 
School,  and  was  admitted  to  the  bar  in  his  native  town  of 
Lexington. 

He  made  no  effort  to  practice  in  Kentucky,  but  soon  after 
his  admission  removed  to  St.  Louis,  and  entered  into  part- 
nership with  his  brother,  the  Hon.  Montgomery  Blair.  Gen- 
eral Blair  always  manifested  a  strong  proclivity  for  the  army, 
and  upon  the  breaking-out  of  the  Mexican  War,  being  then 
on  a  visit  to  New  Mexico  for  his  health,  volunteered  as  a 
private.  He  was  a  soldier  in  war,  and  a  citizen  in  peace  — 
alternating  as  he  saw  an  opportunity  to  serve  his  country. 
His  legislative  career  commenced  in  the  General  Assembly 
of  Missouri,  where  he  served  several  terms  as  a  representa- 
tive from  St.  Louis  County,  and  was  not  only  the  accredited 
leader  of  his  party  in  that  body,  but  gave  strong  indications 
of  future  distinction  as  a  statesman.  He  was  a  member  of 
the  House  of  Representatives  at  Washington,  in  the  Thirty- 
fifth  and  Thirty-seventh  Congress,  and  was  recognized  as 
one  of  the  ablest  men  of  that  body. 

The  most  eventful  period  of  his  life,  however,  was  at  the 
commencement  of,  and  immediately  preceding,  the  civil  war. 
Though  born  and  reared  in  a  slave  state,  he  became  at  an 
early  period  a  Freesoiler,  and  supported  Mr.  Van  Buren, 
when  lie  ran  for  the  presidency  upon  the  Freesoil  ticket. 
His  views  on  that  subject  did  not  proceed  from  prejudice 
against  the  institution  of  slavery,  but  from  a  firm  conviction 
that  in  Missouri,  particularly,  it  was  a  stumbling-block  to 
immigration,  state  progress,  and  public  improvement.  He 
saw  in  his  adopted  state  all  the  elements  of  a  great  common- 
wealth, with  her  resources  undeveloped  for  want  of  capital 


39^  BENCH  AND  BAR   OF  MISSUUKI. 

and  labor,  and  boldly  proclaimed  that  neither  could  ever 
obtain  until  slavery  was  blotted  out  of  her  fundamental  law. 
Immediately  preceding  the  civil  war  an  encampment, 
under  the  sanction  of  law,  was  formed  near  the  western  lim- 
its of  St.  Louis,  known  as  Camp  Jackson,  and  under  the 
pretense  of  military  discipline.  General  Frost,  formerly  of 
the  army,  was  in  command.  General  Blair,  with  that  pro- 
phetic vision  for  which  he  became  so  noted,  saw  at  a  glance 
that  the  object  of  the  encampment  was  to  obtain  a  force  in 
the  vicinity  of  St.  Louis  sufficient  to  capture  the  United 
States  Arsenal,  in  the  lower  part  of  the  city,  and  which 
was  well  known  to  contain  a  large  amount  of  arms  and 
munitions  of  war. 

General  Nathaniel  Lyon  had  been  placed  in  command  of 
the  Arsenal,  and  he  and  General  Blair  concurred  in  the  opin- 
ion that,  unless  Camp  Jackson  was  speedily  captured,  Mis- 
souri would  be  hurled  into  the  Rebellion.  In  fact,  they  had 
evidence  to  satisfy  them  that  a  day  had  been  agreed  upon 
for  the  attack  upon  the  Arsenal,  and  but  little  time  was 
afforded  for  a  defense. 

We  met  General  Blair  on  Fourth  Street  about  eleven 
o'clock,  A.  M.,  and  he  had  then  telegraphed  the  War  Depart- 
ment for  permission  to  raise  two  regiments ;  received  an 
affirmative  answer  about  two  o'clock,  p.  m.,  and  that  night,  at 
Washington  Hall,  on  Second  Street,  the  First  Regiment, 
composed  chiefly  of  Germans,  was  organized.  Most  of  the 
officers  had  seen  service  in  Europe,  and  were  well  qualified 
to  organize  and  drill.  We  remained  at  the  hall  all  night,  for 
it  was  expected  that  the  attack  would  be  made  in  the  early 
part  of  the  next  day;  but  to  the  astonishment  of  the  seces- 
sionists they  found  that  the  government  was  prepared  to  re- 
sist them,  and  the  time  for  the  attack  was  necessarily 
delayed.  In  the  course  of  a  few  days,  through  the  efficiency 
of  General  Blair,  other  regiments  were  raised  and  mustered 
into  service. 

General  Blair  was  tendered  the  appointment  of  brigadier- 
general,  but  declined  it  in  behalf  of  Captain  Lyon,  whom  he 
thought  better  qualified  for  it. 


FRANCIS  P.  BLAIR,  JR.  397 

The  capture  of  Camp  Jackson,  which  the  author  witnessed, 
with  its  arms  and  suppHes,  a  portion  of  which  had  just  been 
received  from  the  government  arsenal  in  Louisiana,  on  May 
lO,  1 86 1,  has  passed  into  history,  and  without  doubt  it  pre- 
vented Missouri  from  participating  in  the  RebelHon. 

To  Frank  Blair,  then,  more  than  any  other  man  dead  or 
alive,  are  we  indebted  for  the  noble  stand  taken  by  Missouri 
in  behalf  of  the  Federal  Union.  It  should  be  stated  here 
that  President  Lincoln,  who  knew  Mr.  Blair  very  well,  re- 
posed in  him  the  utmost  confidence,  and  deferred  to  his 
opinions  in  everything  pertaining  to  the  state. 

Without  pretending  to  have  had  a  knowledge  of  the  secret 
measures  adopted  to  counteract  the  efforts  of  the  seces- 
sionists to  place  Missouri  in  the  attitude  of  hostility  to  the 
government,  it  is  an  act  of  justice  to  here  state  that  the  presi- 
dent and  secretary  of  war  at  Washington  were  in  daily  com- 
munication, not  only  with  Blair  and  Lyon,  but  with  such 
men  as  Glover,  Broadhead,  Brown,  O.  D.  Filley,  Giles  F. 
Filley,  R.  J.  Howard,  Bart.  Able,  Henry  Berenstine,  and 
others,  to  whom  we  are  this  day  indebted  for  the  proud  posi- 
tion which  Missouri  will  occupy  in  the  future  history  of  the 
great  Rebellion. 

The  burning  of  the  Osage  Bridge,  the  flight  of  Governor 
Jackson  and  the  Missouri  Legislature,  are  too  well  known  to 
require  recapitulation  here. 

General  Blair  left  his  seat  in  Congress  with  a  commission 
as  major-general,  and  joined  the  army  of  Sherman  in  its 
advance  upon  Vicksburg.  It  is  well  known  that  he  led  one 
of  the  most  vigorous  assaults  upon  the  city,  and  received  for 
his  skill  and  gallantry  a  high  compliment  from  General 
Grant.  General  Blair  had  command  of  the  Second  Division 
of  Sherman's  corps,  and  took  a  very  active  part  in  the  siege 
of  Vicksburg,  and  ultimately  followed  Sherman  in  his  march 
to  the  sea. 

Upon  the  restoration  of  peace  he  resumed  his  seat  in  Con- 
gress, and  acted  with  the  Democratic  party;  and  in  1868 
was  nominated  for  vice-president  on  the  ticket  headed  by 
Horatio  Seymour,  of  New  York. 


39^  BENCH  AND  BAR    OF  MISSOURI. 

In  1871  General  Blair  was  again  elected  to  the  State 
Legislature,  but  was  soon  after  elected  to  the  United  States 
Senate,  to  supply  the  vacancy  created  by  the  resignation  of 
Hon.  Charles  D.  Drake,  and  took  an  active  part  in  all  the 
discussions  of  that  body. 

He  would  undoubtedly  have  ranked  high  as  a  lawyer  if  he 
had  devoted  himself  to  his  profession,  for  he  had  a  brilliant 
mind,  was  an  analytical  thinker,  and,  although  not  an  orator 
in  the  general  acceptation  of  the  term,  was  a  fine  extempo- 
raneous speaker,  and  always  able  to  captivate  the  crowd. 
His  manner  was  very  impressive,  and  by  way  of  illustration 
we  give  an  instance  which  occurred  at  Allenton,  in  St.  Louis 
County,  during  a  very  exciting  canvass. 

The  general,  in  his  speech,  was  predicting  a  certain  event, 
and  a  gentleman  in  the  audience,  who  did  not  affiliate  with 
the  general,  interrupted  him  by  saying,  "  We  shall  see."  The 
general  instantly  replied,  "  Yes,  we  sJiall  see  ;  we  shall  see," 
emphasizing  the  word  "shall."  There  was  nothing  in  the 
word  that  entitled  it  to  any  particular  significance,  but  the 
manner  in  which  he  uttered  and  emphasized  it  gave  it  a 
force  and  power  that  brought  a  loud  applause  from  the 
audience. 

We  never  knew  a  man  less  amenable  to  the  charge  of  fear 
than  General  Blair.  We  have  seen  him  tried  under  circum- 
stances well  calculated  to  unnerve  the  stoutest  heart.  Upon 
one  occasion,  when  it  was  almost  death  for  a  public  man  to 
avow  himself  as  opposed  to  the  institution  of  slavery,  he 
made  an  appointment  to  address  the  people  of  Iron  County 
at  Ironton,  and  it  was  proclaimed  in  advance  that  if  he  at- 
tempted it  he  would  be  mobbed.  At  his  request  we  accom- 
panied him,  and  on  reaching  Ironton  learned  that  an  armed 
crowd  had  assembled  in  the  court-house  to  resist  him. 
When  he  rose  to  address  the  meeting,  the  few  friends  he  had 
there  became  greatly  alarmed  for  his  safety;  but  their  fears 
were  soon  dissipated  when  they  saw  how  calm  and  collected 
he  was,  and  heard  him  boldly  declare  that  any  man  who 
came  to  the  meeting  armed,  with  the  intention  to  use  vio- 
lence against    him,  was  too  great  a  coward   to   attempt    it. 


FRANCIS  P.  BLAIR,  JR.  399 

He  spoke  nearly  two  hours  without  any  interruption,  and  on 
leaving  the  stand  received  the  congratulations  of  many  who 
differed  with  him  upon  the  slavery  question. 

Upon  another  occasion,  during  an  exciting  election  in  St. 
Louis,  when  almost  the  entire  Irish  population  were  much 
enraged  against  him,  he  requested  us  to  accompany  him  to 
the  Biddle-Market  polls ;  and  as  we  approached  the  polls 
our  buggy  was  completely  surrounded  by  men  maddened 
with  liquor,  who  threatened  his  life.  Several  policemen 
requested  us  to  take  him  away,  as  his  life  was  in  danger,  for 
a  dozen  pistols  had  been  drawn,  and  some  pointed  directly 
at  him.  But  he  refused  to  stir  a  step,  and  openly  proclaimed 
them  a  d — d  set  of  cowards.  But  the  police  forced  us 
away,  and  Mr.  Blair  left  as  composed  as  though  he  had  been 
attending  a  love-feast. 

He  delivered  addresses  against  slavery  in  almost  every 
part  of  the  state,  and,  with  the  exception  of  a  few  rotten  eggs 
that  were  hurled  upon  him  at  night,  he  never  met  with  any 
positive  resistance. 

This  apparent  recklessness  some  would  regarc;J  as  a  military 
disqualification,  but  we  have  been  frequently  told  by  officers 
who  served  in  his  corps  that  he  never  went  into  battle  with- 
out ample  preparation,  and  consulted  freely  with  his  subor- 
dinate officers  before  taking  any  important  step.  He  was 
brave,  but  not  impetuous. 

Though  he  never  enjoyed  the  advantages  of  a  military 
education,  there  were  few  better  soldiers  in  the  army.  Both 
Grant  and  Sherman  had  an  exalted  opinion  of  his  military 
services,  and  upon  several  occasions  alluded  in  the  most 
complimentary  terms  to  his  military  genius.  Sherman  thus 
spoke  of  him  : 

"  I  always  had  a  most  exalted  regard  for  Frank  Blair.  I  always  regarded 
him  as  one  of  the  truest  patriots,  mast  honest  and  honorable  of  men,  and  one 
of  the  most  courageous  soldiers  this  country  ever  produced.  I  never  lost  sight 
of  the  services  he  rendered  the  country  in  the  outbreak  of  the  war  ;  and  I  fully 
concede,  and  always  have  conceded,  that  to  his  boldness,  promptitude,  and  firm- 
ness, more  than  to  anything  else,  the  country  is  indebted  for  the  preservation  of 
St.  Louis  as  a  strategic  point,  and  for  the  salvation  of  Missouri  from  secession. 
He  was  a  noble,  generous,  honest,  brave,  frank,  sincere,  and  unselfish  man." 


400  BENCH  AND  BAR   OF  MISSOURI. 

General  Blair  was  born  a  politician,  and  in  hiin  were  com- 
bined more  of  the  elements  of  political  success  than  any  pub- 
lic man  we  ever  met,  not  even  excepting  Stephen  A.  Doug- 
las. His  knowledge  of  men  was  very  great,  and  his  retentive 
memory  enabled  him  to  recollect  the  names  of  persons  with 
whom  he  had  but  a  slight  acquaintance.  Nothing  is  more 
gratifying  to  our  pride  than  to  be  thus  recognized.  It  was  a 
faculty  that  Mr.  Van  Buren  enjoyed  above  all  other  public 
men  of  his  day.  It  is  said  that  if  he  met  a  person  in  Wash- 
ington to  whom  he  had  been  introduced  years  before,  he 
could  readily  call  his  name.  This  was  one  of  the  secrets  of 
his  personal  poj)ularity. 

Though  General  Blair  was  an  ardent  and  very  decided  party 
man,  he  had  no  personal  enemies  among  his  opponents. 
Often  have  we  seen  him  on  the  day  of  an  exciting  election 
walking  arm  in  arm  with  one  whom  he  had  probably  the 
night  before  delivered  a  vindictive  speech  against.  The  cor- 
dial and  free  manner  with  which  he  greeted  all  men  closed 
their  hearts  against  anything  like  rancor  or  ill-will. 

Another  peculiarity  of  him  was  that  he  would  accept  a 
defeat  as  an  inevitable  necessity,  and  only  seemed  to  regret 
it  because  of  its  effect  upon  his  political  friends.  He  adopted 
the  motto  of  Mr.  Clay  :   ''Pick  the  flint,  and  try  it  againy 

General  Blair  was  a  whole-souled,  generous  man,  without  a 
selfish  hair  in  his  head,  and  kept  himself  poor  in  his  efforts 
to  aid  and  assist  his  friends.  No  better  evidence  of  his  spot- 
less integrity  can  be  found  than  in  the  fact  that  although  he 
had  it  in  his  power  to  amass  wealth,  he  died  without  a  cent ; 
in  that  respect  imitating  Colonel  Benton,  who  always  con- 
tended that  no  public  man  could  become  rich  in  office  with- 
out a  stain  upon  his  integrity. 

General  Blair  was  not  a  man  who  could  strike  an  enemy 
after  he  was  down ;  nor  did  he  ever  entertain  a  feeling  of 
resentment  against  those  whom  he  had  met  in  battle.  Im- 
mediately after  the  war  he  took  strong  ground  in  favor  of 
restoring  the  South  to  all  the  privileges  they  enjoyed  before 
the  Rebellion,  and  was  opposed  to  sending  carpet-baggers 
among   them,  or  imposing  upon  them  any  arbitrary  restric- 


FRANCIS  P.  BLAIR,  JR.  4OI 

tions.  He  believed  that  the  only  way  to  restore  harmony 
and  good  feeling  was  to  extend  to  them  the  hand  of  fellow- 
ship, and  persuade  them  that  their  interest  was  in  the  Union, 
and  not  out  of  it.  In  other  words,  he  was  for  burying  the 
hatchet,  and  forgetting  the  past. 

That  they  fully  appreciated  his  kind  feeling  for  them  is  evi- 
dent from  the  following  resolution  adopted  at  a  meeting  of 
ex-Confederates  in  St.  Louis,  shortly  after  his  death  : 

'^Resolved,  That  we,  the  ex-Confederates  here  assembled,  do  as  deeply 
mourn  his  loss,  and  as  heartily  acknowledge  his  high  character  and  great  abili- 
ties, as  can  those  who  never  differed  from  him  in  the  past  great  struggle.  As 
soldiers  who  fought  against  the  cause  he  espoused,  we  honor  and  respect  the 
fidelity,  high  courage,  and  energy  he  brought  to  his  aid  ;  as  citizens  of  Mis- 
souri, we  recognize  the  signal  service  done  his  state  as  one  of  her  senators  in 
the  National  Council;  as  Americans,  we  are  proud  of  his  manhood;  and  as 
men,  we  deplore  the  loss  from  among  us  of  one  in  whom  was  embodied  so 
much  of  honor,  generosity,  and  gentleness.  And  we  remember  with  gratitude 
that,  so  soon  as  the  late  civil  strife  was  ended,  he  was  among  the  first  to  prove 
the  honesty  of  his  course  by  welcoming  us  back  as  citizens  of  the  Union  he 
had  fought  to  maintain;  and  that  he  never  thereafter  ceased  to  battle  for  the 
restoration  and  maintenance  of  our  rights  under  the  Constitution." 

He  died  in  St.  Louis,  on  July  1 1,  1875,  in  his  fifty-fifth 
year,  and  his  body  was  placed  in  Bellefontaine  Cemetery. 

He  married,  in  1847,  Miss  Appoline  Alexander,  of  Wood- 
ford County,  Kentucky,  who,  with  eight  children  —  five  sons 
and  three  daughters  —  survives  him. 

On  the  day  of  his  funeral  the  city  of  St.  Louis  was  clothed 
in  the  emblems  of  mourning,  and  it  was  evident  to  a  stran- 
ger on  the  streets  that  a  great  man  had  fallen.  The  bar,  and 
divers  societies,  by  suitable  resolutions  expressed  their  sense 
of  the  loss  sustained  in  his  death.  The  flags  of  fifty  vessels 
in  the  harbor  were  trailing  at  half-mast,  and  every  possible 
demonstration  was  made  indicative  of  the  public  grief. 
26 


William  H.  Russell. 

One  of  the  most  remarkable  men  of  early  times  was  the 
person  whose  name  is  at  the  head  of  this  memoir,  and  who 
spent  most  of  his  professional  life  in  Fulton,  Callaway 
County,  Missouri.  His  entire  life  was  one  of  excitement, 
daring,  and  adventure,  and  in  the  hands  of  a  ready,  imag- 
inative writer  would  furnish  ample  material  for  a  good-sized 
volume  of  romance. 

We  made  his  acquaintance  in  Jefferson  City,  in  1842,  but 
saw  little  of  him  afterwards,  as  he  frequently  changed  his 
residence,  and  was  constantly  starting  out  upon  some  bold 
adventure. 

He  was  born  in  Fayette  County,  Kentucky,  April  21, 
1805,  and  was  educated  at  the  Transylvania  University  of 
that  state,  passing  with  credit  through  both  the  academic 
and  law  departments.  Shortly  after  obtaining  a  license  to 
practice,  he  was  elected  to  represent  Nicholson  County  in 
the  lower  branch  of  the  Kentucky  Legislature.  About  this 
time  an  incident  occurred  which  caused  a  warm  personal 
friendship  to  spring  up  between  him  and  Kentucky's  great 
statesman,  Henry  Clay  —  a  friendship  of  the  most  devoted 
kind,  which  continued  up  to  the  time  of  Mr.  Clay's  death. 
Mr.  Clay  was  for  the  first  time  a  candidate  for  the  United 
States  Senate,  and  after  a  very  heated  contest  was  elected 
by  one  vote,  and  that  vote  was  given  by  Mr.  Russell,  the 
youngest  member  of  the  body.  Mr.  Clay's  gratitude  to  him 
was  unbounded,  and  manifested  itself  in  personal  attentions; 
and  whatever  may  be  said  of  Mr.  Clay  in  other  respects,  he 
never  deserted  a  friend,  or  failed  to  admit  his  obligations  to 
those  who  stood  by  him  in  his  political  struggles.  As  may 
be  supposed,  they  corresponded  through  life,  and  had  Mr. 
Clay  reached  the  presidency,  Mr.  Russell  w^ould  have  been 
the  recipient  of  his  highest  favor.     Mr.  Russell  would  never 


JVTLLIAM  H.  RUSSELL.  4O3 

permit  Mr.  Clay's  name  to  be  mentioned  in  his  presence  in 
terms  of  reproach  without  taking  up  his  cause  and  making 
it  a  personal  matter,  for  his  admiration  of  the  great  Ken- 
tuckian  amounted  almost  to  idolatry. 

In  1834  Colonel  Russell  removed  to  Missouri  and  settled 
in  Fulton,  where  he  opened  a  law-office  and  entered  upon 
the  practice,  soon  obtaining  a  prominent  position  at  the  bar. 

He  was  a  man  of  fine  conversational  powers  ;  free,  easy, 
and  prepossessing  in  his  address  ;  and  as  a  speaker,  graceful, 
fluent,  and  persuasive  —  in  fact,  he  carried  his  point  before  a 
jury  more  by  his  adroit  persuasiveness  than  the  force  of 
reasoning.  He  had  a  good  knowledge  of  men,  and  well 
knew  that  logic  was  not  always  the  best  weapon  to  use  be- 
fore a  jury,  and  hence  he  so  shaped  his  address  as  he 
thought  would  best  accomplish  his  aim. 

Law  as  a  science  was  not  altogether  suited  to  his  tastes, 
for  he  was  too  restless  and  impatient  to  devote  much  time 
to  the  investigation  of  abstruse  and  intricate  legal  problems. 
He  was  fond  of  the  excitement  of  a  jury  trial,  and  if  asso- 
ciated with  other  counsel,  would  leave  them  to  settle  before 
the  court  the  questions  of  law. 

He  had  a  great  fondness  for  political  controversy,  and,  al- 
though his  party  was  always  in  the  minority,  never  failed  to 
enlist  in  any  canvass,  and  spend  his  time  and  money  freely 
in  behalf  of  his  political  friends.  He  was  an  excellent 
stump-speaker,  and  when  Mr.  Clay  was  a  candidate  for  the 
presidency,  in  1844,  canvassed  nearly  the  whole  of  northern 
Missouri  in  his  behalf. 

In  1838  Mr.  Russell  was  elected  from  Callaway  County  to 
the  popular  branch  of  our  State  Legislature,  and  by  reason  of 
his  ability,  and  knowledge  of  parliamentary  law  obtained  in 
the  Kentucky  Legislature,  soon  became  a  recognized  leader 
of  his  party.  He  took  an  active  part  in  the  debates,  and  by 
his  popular  manners  secured  the  good-will  of  the  opposition 
members. 

Colonel  Russell  obtained  his  military  title  through  services 
rendered  in  the  Florida  War.  He  was  captain  of  a  company 
in   Colonel  Gentry's  regiment,  raised  in   Callaway    and    the 


404  BENCH  AND  BAR   OF  MISSOUKf. 

adjoining  counties,  and  in  the  battle  of  Ochechobe  proved 
himself  a  brave  and  gallant  soldier.  It  is  well  known  that 
his  regiment  was  placed  in  advance,  and  met  the  first  shock 
of  the  battle  with  great  loss  of  life.  The  people  of  our  state 
thought  that  General  Taylor,  in  his  report  of  the  engage- 
ment, did  not  do  justice  to  our  gallant  boys,  and  made  it  the 
subject  of  legislative  action. 

An  incident  connected  with  that  battle  was  related  to  us 
by  one  of  the  officers  of  the  regiment.  While  they  were 
recruiting  at  Fulton,  a  large,  tall,  rawboned  fellow  of  the  age 
of  about  twenty-two,  who  had  been  kicked  and  cuffed  about 
the  town  by  all  the  boys,  and  whose  exhibitions  of  cowardice 
had  attracted  much  attention,  asked  permission  of  Gentry  to 
join  his  regiment,  stating  that  he  was  treated  so  badly  in 
Fulton  that  he  wished  to  leave  the  town.  The  colonel  told 
him  that  he  had  no  use  for  such  a  cowardly  fellow  ;  but  he 
begged  so  hard  that  the  colonel,  out  of  pure  compassion, 
promised  to  take  him  as  a  teamster.  Just  before  the  com- 
mencement of  the  battle  he  asked  permission  to  go  into  the 
fight ;  and  towards  the  close  of  the  battle  was  seen,  up  to  his 
waist  in  water  (the  ground  being  a  deep  swamp),  fighting  like 
a  hero,  with  seven  dead  Indians  around  him,  all  of  whom  he 
had  killed  in  a  hand-to-hand  fight.  We  leave  the  reader  to 
determine  what  mysterious  power  could  have  so  suddenly 
transformed  the  coward  into  the  hero. 

In  1840  Colonel  Russell  was  a  member  of  the  Whig 
National  Convention  that  nominated  General  Harrison  for 
the  presidency,  and  in  the  same  year  was  appointed  one  of 
the  visitors  to  the  Military  Academy  at  West  Point.  Under 
General  Harrison's  administration  he  was  appointed  marshal 
of  Missouri,  and  discharged  the  duties  of  the  office  faithfully 
and  efficiently;  but,  for  some  reason  unknown  to  us,  resigned 
a  short  time  before  the  expiration  of  his  term. 

We  have  alluded  to  Colonel  Russell's  restless  spirit  of 
adventure.  It  caused  him,  in  1846,  to  lead  a  party  of  emi- 
grants across  the  plains  to  the  territory  of  California,  which 
was  then  an  une.xplored  wilderness.  It  was  the  second  expe- 
dition  to  the   Pacific   slope,  Fremont's  having   preceded   it. 


WILLIAM  H.  RUSSELL.  405 

To  have  been  made  a  leader  of  such  an  expedition  at  that 
day,  after  the  sufferings  and  privations  of  the  Fremont  party, 
was  no  slight  compliment.  Governor  Boggs  and  family  were 
with  him,  and  also  the  noted  Donner  family,  every  member  of 
which  perished  from  starvation  and  cold  in  the  fastnesses  of 
the  Sierra  Nevada  Mountains.  But  the  intrepid  spirit  of  Rus- 
sell brought  the  greater  part  of  the  company  safely  through. 
The  bodies  of  the  Donner  family  were  found  near  a  small 
lake,  which  has  since  borne  the  family  name,  and  upon  the 
shore  of  which  we  stood,  in  1873,  and  with  a  sad  heart 
recalled  the  sufferings  of  that  noble  band  of  pioneers.  The 
lake  is  not  far  from  that  part  of  the  mountain  summit  which 
is  now  crossed  by  rail. 

Upon  tlie  organization  of  the  provisional  government  of 
California,  Colonel  Russell  was  made  secretary  of  state,  and 
continued  in  that  position  as  long  as  General  Fremont  was 
at  the  head  of  the  territorial  government.  Upon  retiring 
from  the  office  of  secretary  of  state  he  was  made  collector 
of  the  port  at  Monterey,  which  office  he  held  for  some  time, 
and  then  returned  to  the  practice  of  his  profession. 

He  had  left  his  family  in  Missouri,  and  in  1852  returned 
to  them  and  took  up  his  residence  at  Independence,  Jack- 
son County,  where  he  remained  two  years,  and  then  removed 
to  Kansas,  and  was  there  during  the  turbulent  times  that 
preceded  her  admission  into  the  Union.  Though  a  pro- 
slavery  man,  he  refused  to  identify  himself  with  that  ele- 
ment known  as  the  "Border  Ruffians,"  nor  would  he  give 
any  aid  or  comfort  to  the  Abolitionists  headed  by  Lane.  He 
took  conservative  ground,  and  in  that  respect  followed  the 
footsteps  of  his  illustrious  friend,  Mr.  Clay.  He  advocated 
the  supremacy  of  law  and  order,  and  held  that  the  Constitu- 
tion was  broad  enough  to  heal  all  existing  grievances ;  and 
that  it  was  the  duty  of  the  patriot  in  such  a  crisis  to  stand  by 
his  government,  and  endeavor  to  avert  the  storm  that  threat- 
ened the  entire  country.  His  whole  course  was  marked  by 
the  highest  patriotism,  and  a  full  sense  of  his  obligations  to 
a  government  which  he  characterized  as  the  best  on  earth. 
While  in  Kansas  he  became  a  candidate  for  Congress  on  the 


406  BENCH  AND  BAR   OF  MISSOURI. 

Native-American,  or  Know-Nothing,  ticket,  but  was  defeated. 
The  excitement  in  the  state  was  too  intense  to  admit  of  the 
success  of  any  intermediate  party. 

Shortly  after  the  breaking-out  of  the  RebelHon  he  left 
Kansas  for  Washington  City,  and  Mr.  Lincoln,  who  was  his 
old  acquaintance  and  friend  in  Kentucky,  appointed  him,  in 
1862,  consul  to  Trinidad,  Cuba,  which  position  he  held  till 
the  close  of  the  war.  He  then  returned  to  Washington 
City,  and  practiced  law  there  up  to  the  time  of  his  death, 
which  took  place  in  December,  1872,  when  in  the  sixty- 
seventh  year  of  his  age. 

Colonel  Russell  was  as  brave  as  a  lion,  and,  when  not 
aroused,  as  mild  and  as  easily  led  as  a  child.  He  was  also  a 
man  of  generous  impulses,  charitable  to  a  fault,  indulgent  to 
his  friends,  and  for  their  sake  would  part  with  the  last  dollar 
he  had.  His  heart  was  too  large  and  broad,  and  his  dispo- 
sition too  forgiving,  to  harbor  a  feeling  of  resentment  or 
revenge;  hence  he  had  but  few  enemies.  He  left  a  large 
family  of  children,  and  gave  each  of  them  a  good  education, 
the  advantages  of  which  he  fully  appreciated.  His  remains 
repose  in  the  cemetery  at  Georgetown,  District  of  Columbia. 


ROBERT  G.  Smart 

Was  born  in  Montgomery  County,  Kentucky,  in  1819,  and 
came  with  his  father  to  Missouri  in  1828.  Young  Smart  re- 
ceived only  a  common-school  education,  though  he  became 
a  good  English  scholar.  Before  his  majority  he  entered  the 
law-office  of  Hon.  John  Jameison,  in  Fulton,  and  in  due  time 
was  admitted  to  the  practice,  and  soon  after  settled  in  Inde- 
pendence, Jackson  County,  where  he  remained  in  the  prac- 
tice of  his  profession  until  his  tragic  death,  which  occurred 
in  1862. 

Mr.  Smart  was  a  fair  lawyer,  devoted  to  the  interests  of  his 
clients,  and  generally  successful  —  because  he  studied  his 
cases  thoroughly,  and  was  never  caught  unprepared.  He 
was  honest  and  upright,  and  the  utmost  confidence  was  re- 
posed in  his  integrity ;  and  his  legal  opinions  were  highly 
valued  by  his  legal  brethren. 

In  1842  he  was  elected  by  the  people  of  Jackson  County 
to  represent  them  in  the  State  Legislature.  In  1843  he  re- 
ceived from  the  hands  of  Governor  Reynolds  the  appoint- 
ment of  circuit  attorney  for  his  circuit,  to  serve  out  an  unex- 
pired term,  and  in  1844  was  elected  by  the  people  to  the 
same  office.  In  1859  he  was  elected  judge  of  the  Circuit 
Court  for  the  then  Sixth  Circuit,  but,  failing  to  take  the  oath 
of  fealty,  was  deprived  of  his  office. 

The  year  before  his  death,  home  guards  were  organized 
throughout  the  state,  and,  never  having  been  under  military 
subordination,  committed  many  acts  of  unnecessary  violence. 
That  Judge  Smart  sympathized  with  the  South,  and  in  fact 
was  a  secessionist,  was  undoubtedly  true  ;  but  that  he  ever 
committed  an  overt  act  of  treason  against  the  government 
was  always  denied  by  his  friends.  Born  in  a  slave  state,  and 
never  having  lived  in  any  but  a  slave  state,  it  is  not  strange 
that  his  feelings  were  enlisted  in  behalf  of  the  Confederacy. 


408  BENCH  AND  BAR   OF  MISSOURI. 

But  the  home  guards  undertook  to  arrest  him  at  his  resi- 
dence. Believing  that  they  would  take  his  life,  he  made 
an  effort  to  escape  by  crossing  a  small  field,  and,  as  he  was 
getting  over  the  fence,  was  shot  down.  It  was  a  cruel  and 
cold-blooded  murder.  We  were  among  the  strongest  advo- 
cates of  the  Union,  but  never  sanctioned  the  many  dastardly 
acts  that  were  committed  in  its  name.  But  the  state  was 
under  martial  law,  and  scenes  of  blood  and  violence  were  of 
daih'  occurrence. 

That  he  may  have  been  imprudent  in  the  e.xpression  of 
his  opinions  is  not  improbable,  but  that  furnished  no  justifi- 
cation for  the  dastardly  deed. 

He  left  a  widow  and  several  children. 


trusten  polk. 

This  gentleman,  who  filled  the  highest  offices  within  the 
gift  of  the  people  of  Missouri,  was  born  in  Delaware  in  i8ii, 
and  in  1831  graduated  at  Yale  College,  an  institution  which 
has  sent  out  more  able  men  and  statesmen  than  any  other 
college  in  the  countr\'.  It  cannot  be  said  of  Yale  as  Dean 
Swift  said  of  a  certain  university  in  his  own  country.  Upon 
being  asked  if  it  was  a  very  learned  place,  he  replied  it  was, 
and  gave  as  a  reason,  "that  most  persons  took  some  learning 
there,  and  but  few  brought  any  away." 

Our  first  acquaintance  with  Governor  Polk  dates  as  far 
back  as  the  fall  of  1836,  and  we  knew  him  intimately  from 
that  time  until  his  death. 

His  father,  who  was  a  highly  respectable  farmer,  married 
a  Miss  Causey,  an  excellent  lady,  who  brought  up  her  son  in 
the  belief  that  virtue  and  rectitude  were  the  only  paths  that 
led  to  happiness  in  this  world. 

Mr.  Polk  studied  law  at  the  law  school  connected  with 
Yale,  but  had  previously  read  one  year  in  the  office  of  James 
Rogers,  who  at  that  time  was  attorney-general  of  Delaware. 
In  1835  he  came  West,  and  located,  in  the  practice  of  his 
profession,  in  St.  Louis,  and  by  his  exemplary  habits  and 
close  attention  to  business  soon  acquired  a  fair  practice. 
When  not  in  court  he  was  always  to  be  found  in  his  office, 
having  no  inclination  to  indulge  in  frivolous  amusements. 

We  never  regarded  Governor  Polk  as  a  brilliant  man,  but, 
though  less  profound  than  Gamble,  Geyer,  Leonard,  Field, 
and  a  few  others  who  could  be  named,  he  was  nevertheless  a 
sound  lawyer  and  successful  practitioner.  He  matured  early, 
reaching  the  zenith  of  his  professional  power  when  at  thirty 
or  thirty-five  years  of  age.  He  certainly  improved  but  little 
after  that,  and  in  our  judgment  Mr.  Polk  at  fifty-five  was  not 
equal  to  Mr.  Polk  at  thirty-five. 


41 0  BENCH  AND  BAR   OF  MISSOURI. 

His  forte  as  a  speaker  was  in  close,  logical  reasoning, 
never  attempting  a  display  at  mere  declamation  or  elocution. 
Though  possessed  of  little  fancy  and  less  imagination,  he  had 
what  was  of  far  more  value  —  good  practical  common  sense, 
which  served  him  well  in  all  the  relations  of  life.  Among 
other  elements  of  success,  he  had  a  happy  faculty  of  analyz- 
ing the  facts  of  a  case,  and  so  applying  them  as  to  maintain 
any  theory  which  he  might  advance. 

As  a  jury  lawyer  he  was  strong  and  forcible  ;  for,  in  addi- 
tion to  the  qualities  already  mentioned,  he  had  a  manner 
which  denoted  the  utmost  candor  and  sincerity,  and  always 
carried  with  him  into  the  jury-box  a  well-deserved  reputation 
for  integrity  and  honesty  of  purpose. 

One  peculiarity  of  Mr.  Polk  was  that  he  never  indulged  in 
the  personal  abuse  of  witnesses;  in  fact,  we  are  unable  to 
recall  a  single  instance  in  which  he  ever  charged  a  witness 
with  false  swearing.  If  satisfied  that  the  witness  was  not  ad- 
hering to  the  truth,  he  would  simply  say  he  was  mistaken,  and 
generally  forced  the  jury  to  the  same  conclusion. 

The  habit  of  charging  witnesses  with  the  commission  of 
perjury  is  too  common  in  our  profession,  and  no  discreet 
lawyer  will  tread  upon  such  dangerous  ground  unless  he 
knows  his  man ;  for  it  often  reacts  upon  counsel,  to  the  great 
injury  of  his  client,  by  exciting  the  sympathy  of  the  jury  in 
behalf  of  the  person  so  accused. 

We  have  spoken  of  Mr.  Polk  as  a  man  of  great  candor 
and  sincerity,  and  no  one  who  well  knew  him  will  withhold 
from  him  these  attributes.  But  upon  one  occasion  he 
resorted  to  a  little  subterfuge  and  artifice  to  extricate  him- 
self from  an  unexpected  dilemma,  which  was  of  so  ludicrous 
a  character  that  we  must  give  it  to  the  reader.  If  we  mis- 
take not,  it  occurred  in  the  old  St.  Louis  Court  of  Common 
Pleas. 

In  running  the  eye  over  a  docket  of  hundreds  of  cases  it 
is  not  uncommon  to  overlook  one,  and  this  was  the  case  with 
Mr.  Polk  in  the  instance  referred  to.  Sitting  one  day  in  the 
court-room,  a  case  in  which  he  was  retained  on  the  part  of 
the  defense  was,  most  unexpectedly  to  him,  called  for  trial. 


TR  US  TEN  POLK.  4 1 1 

He  was,  of  course,  taken  by  surprise,  and  wholly  unprepared 
for  trial.  The  plaintiff's  counsel  announced  himself  ready, 
and  was  urgent  for  a  trial.  After  taxing  his  ingenuity  to  the 
utmost  extent  to  procure  a  little  delay,  and  as  the  court  was 
in  the  act  of  calling  a  jury,  a  brother-chip  of  Mr.  Polk, 
whispering  in  his  ear,  informed  him  of  the  death  of  a  young 
lawyer  (whom  we  will  here  call  John  Smith),  which  occurred 
that  morning.  Now,  it  must  be  understood  that  neither  Mr. 
Polk  nor  the  court  had  ever  heard  of  this  John  Smith,  nor 
was  he  known  to  half  a  dozen  of  the  disciples  of  Black- 
stone,  for  he  had  been  here  but  a  few  months.  Nevertheless, 
it  had  been  from  time  immemorial,  was  then,  and  now  is,  the 
custom  of  the  profession,  upon  the  death  of  a  member,  to 
hold  a  bar-meeting  to  adopt  resolutions  commendatory  of 
the  deceased.  This  timely  information  suggested  a  lucky 
thought  to  Mr.  Polk,  who  immediately  rose,  and,  with  a 
countenance  as  grave  as  a  tomsbtone,  announced  to  the 
court  the  sudden  demise  of  a  worthy  and  promising  member 
of  the  profession,  the  aforesaid  John  Smith,  and  as  it  was 
probable  that  the  usual  bar-meeting  would  be  held  that 
afternoon,  he  hoped,  out  of  respect  to  the  memory  of  the 
deceased,  and  to  enable  the  lawyers  to  attend  the  meeting, 
the  court  would  adjourn  for  the  day.  The  judge,  anxious  to 
relieve  Mr.  Polk  from  the  consequences  of  his  neglect,  if  it 
could  be  done  upon  any  reasonable  ground,  replied,  in  a  tone 
as  grave  and  serious  as  that  assumed  by  the  learned  counsel, 
"  The  court  receives  the  announcement  of  the  death  of  the 
lamented  John  Smith  with  profound  sorrow,  and  out  of  re- 
spect to  his  memory,  and  to  enable  Brother  Polk  and  others 
to  attend  the  anticipated  bar-meeting,  will  adjourn  until  ten 
o'clock  to-morrow  morning."  Mr.  Polk  hastened  to  the 
clerk's  office,  took  out  his  subpoenas,  placed  them  in  the 
hands  of  the  sheriff  to  be  served,  and  at  the  opening  of  the 
court  the  next  morning  was  on  hand  with  his  witnesses,  ready 
for  trial. 

Governor  Polk  was  a  good  friend  to  the  junior  members 
of  the   bar,  who  often  applied   to  him   for  legal   advice  and 


412  BENCH  AND  BAR    OF  MISSOURI. 

assistance,  and  upon  no  occasion  did  he  refuse  it.  If  asso- 
ciated with  one  upon  the  trial  of  a  cause,  and  it  became 
necessary  to  take  a  nonsuit  by  reason  of  any  error  of  his 
associate  in  drawing  the  pleadings,  or  otherwise,  he  would 
assume  the  responsibility,  and  thus  avoid  any  exposure  of 
his  friend  in  open  court.  When  opposed  in  the  trial  of  a 
cause  by  a  young  and  inexperienced  lawyer,  he  would  never 
take  an  undue  advantage  of  him ;  but,  on  the  contrary, 
would  aid  and  encourage  him  so  far  as  he  could  do  so  con- 
sistently with  his  duty  to  his  client.  These  qualities,  so  rare 
among  the  older  members  of  the  profession,  made  him  many 
warm  friends,  who  in  after-life  largely  contributed  to  his 
political  success. 

The  first  office  held  by  Mr.  Polk  was  city  counselor  of  St. 
Louis,  in  1843.  In  1856  he  was  elected  governor  of  the  state, 
over  Colonel  Benton.  After  a  brief  period  he  resigned  the 
office,  to  take  his  seat  in  the  United  States  Senate,  to  which 
he  had  been  previously  elected  by  the  Legislature.  His 
administration  as  governor  was  too  short  to  enable  us  to 
form  an  opinion  of  his  executive  ability,  but  he  displayed 
one  quality  most  worthy  and  commendable  :  he  never  per- 
mitted his  personal  feelings  to  interfere  with  a  faithful  dis- 
charge of  public  duty. 

A  remarkable  instance  of  this  occurred  at  the  commence- 
ment of  his  administration.  One  of  the  convicts  in  the  pen- 
itentiary was  a  man  who  had  been  convicted  of  forgery,  but 
had  once  held  a  high  position  in  public  estimation.  He  had 
held  several  positions  of  trust,  and  he  and  the  governor  had 
been  class-leaders  in  the  same  church  and  at  the  same  time. 
In  fact,  they  had  been  warm  personal  friends,  and  had  ren- 
dered mutual  assistance  to  each  other.  It  was  generally 
taken  for  granted  that  one  of  the  earliest  acts  of  the  gover- 
nor's administration  would  be  to  pardon  his  old  friend.  But 
in  this  public  opinion  was  mistaken ;  for  the  governor  posi- 
tively refused  to  interfere  with  the  execution  of  the  law,  and 
the  prisoner  served  out  his  full  time.  That  his  sympathy 
was    strongly   enlisted    in    behalf  of  the    convict    was    well 


TRUST  EN  POLK.  413 

known,  but  that  adhesion  to  duty  which  never  deserted  him 
through  Hfe  made  him  firm  and  unyielding. 

Mr  Polk  made  a  useful  senator,  and  was  very  attentive  to 
the  interests  of  his  constituents,  but  fell  short  of  the  expec- 
tations of  his  friends  It  is  well  known  that  he  was  expelled 
from  the  Senate  at  the  beginning  of  the  war,  for  disloyalty. 
His  participation  in  the  Rebellion  was  the  great  error  of  his 
life  ;  but  that  it  resulted  from  a  conscientious  conviction  of 
duty  is  very  evident,  for  by  it  he  had  nothing  to  gain  and  all 
to  lose.  It  necessarily  involved  the  loss  of  his  seat  in  the 
Senate,  the  destruction  of  his  professional  business  and  in- 
terests at  home,  and  a  partial  separation  from  his  family,  to 
say  nothing  of  the  probable  confiscation  of  valuable  property 
he  held  in  St.  Louis.  As  he  had  no  taste  for,  or  experience 
in,  military  life,  he  had  little  to  hope  for  in  his  adhesion  to 
the  Southern  Confederacy.  In  1864  he  was  taken  prisoner, 
and  confined  on  Johnson's  Island. 

Governor  Polk  died  in  St.  Louis,  in  1876,  at  the  age  of 
sixty-five,  surrounded  by  his  family  and  many  warm  friends. 

In  1837  he  married  Miss  Elizabeth  Skinner,  of  St.  Louis, 
who,  with  several  children — one  the  wife  of  William  F. 
Causey,  Esq.,  of  the  St.  Louis  bar  —  survives  him. 

Among  the  incidents  and  anecdotes  of  his  life  is  the  fol- 
lowing: During  the  first  or  second  year  of  his  practice  he 
was  one  day  engaged  in  a  trial  in  the  St.  Louis  Circuit 
Court.  A  farmer  from  St.  Charles,  who  had  been  sum- 
moned as  a  witness  in  some  other  cause,  was  sitting  by, 
>who,  noticing  Mr.  Polk's  manner  of  conducting  the  case,  be- 
came very  much  interested  in  his  speech  to  the  jury,  and  a 
few  months  afterwards  employed  him  to  defend  a  cause  that 
had  been  brought  against  him  in  St.  Charles.  The  plaintiff 
was  represented  by  two  or  three  old  lawyers ;  and  at  the 
commencement  of  the  trial  a  friend  of  the  defendant,  feel- 
ing some  solicitude  in  the  matter,  said  to  him  :  "  Are  you 
not  afraid  that  these  old  lawyers  will  overpower  your  young 
attorney?"  "  No,  "  was  the  reply;  "he  is  more  than  a  match 
for  them  all."      And  so  it  proved,  for  Mr   Polk,  feeling  the 


414  BENCH  AND  BAR   OF  MISSOURI. 

responsibility  resting  upon  him,  exerted  himself  to  the  ut- 
most, and  obtained  a  victory ;  for  which  he  was  congratu- 
lated even  by  the  opposing  counsel. 

Governor  Polk  was  a  man  of  the  highest  sense  of  honor, 
and  observed  the  strictest  courtesy  in  his  intercourse  with 
his  professional  brethren.      He  is  greatly  missed  at  the  bar. 


David  E.  Ferryman 

Was  for  many  years  a  practicing  lawyer  in  Washington 
County,  Missouri.  Of  his  early  life  but  little  is  known,  fur- 
ther than  that  he  was  born  in  East  Tennessee,  and  received 
but  a  very  limited  education,  though  it  is  said  he  taught  a 
country  school  in  Tennessee  several  years. 

About  the  year  1832  he  removed  to  Missouri,  and  settled 
on  a  small  farm  near  Potosi ;  was  elected  one  of  the  judges 
of  the  County  Court  of  Washington  County,  and  this,  no 
doubt,  suggested  to  him  the  idea  of  turning  his  attention  to 
the  law.  It  does  not  appear  that  he  ever  pursued  a  regular 
course  of  legal  study,  but  probably  read  as  many  of  the  ele- 
mentary works  as  fell  in  his  way.  He  commenced  the  prac- 
tice in  1840.  About  this  time  he  began  to  take  an  active 
part  in  politics  ;  was  a  strong  Whig,  and  great  admirer  of 
Henry  Clay.  It  was  either  in  1840  or  1844  that  he  was 
placed  on  the  Whig  ticket  as  a  candidate  for  elector,  and 
canvassed  a  portion  of  south-east  Missouri. 

In  1846  he  was  elected  to  the  Legislature,  and  served 
two  terms.  It  was  as  a  legislator  that  he  obtained  what- 
ever reputation  he  possessed  ;  for  as  a  lawyer  he  was  little 
known,  and  never  obtained  much  practice  outside  of  his 
own  county. 

He  was  a  man  of  good,  hard  common-sense,  and  in  the 
Legislature  took  a  part  in  every  important  discussion.  He 
seldom  occupied  more  than  ten  or  fifteen  minutes  in  a 
speech,  and  had  the  happy  faculty  of  knowing  precisely  at 
what  time  to  stop.  He  had  a  great  fund  of  dry  humor; 
told  an  anecdote  with  good  effect,  and  made  it  a  point  to 
give  utterance  in  every  speech  to  some  witticism,  which  set 
the  house  in  a  good  humor.  By  this  means  he  always 
secured  the  attention  of  the  members,  who  expected  some- 


4l6  BENCH  AND  BAR   OF  MISSOURI. 

thing  to  amuse  them,  and  were  never  disappointed.  In  tell- 
ing an  anecdote  he  never  committed  the  folly  of  laughing 
himself —  in  fact,  you  could  not  discover  on  his  face  the 
slightest  approach  to  a  smile, 

Mr.  Ferryman  died  near  Potosi,  in  1873,  upwards  of  sixty 
years  of  age. 


JOHN    V.   TURNER, 

Of  Glasgow,  Howard  County,  was  born  in  Carroll  County, 
Kentucky,  on  December  i6,  1816.  His  early  education  was 
confined  to  the  common  schools  of  that  day,  but  as  he  ap- 
proached manhood  he  entered  Hanover  College,  Indiana, 
where  he  made  considerable  progress  in  his  studies,  but  did 
not  remain  long  enough  to  graduate.  He,  however,  continued 
his  studies,  and  by  diligence  and  close  application  became  a 
good  classical  scholar. 

He  pursued  the  study  of  the  law  several  years  in  Ken- 
tucky, and  in  1842  came  to  Missouri  and  settled  in  Boonville, 
Cooper  County.  While  practicing  law  there  he  frequently 
wrote  for  the  Boonsville  Observer,  a  sheet  that  acquired  con- 
siderable celebrity  through  its  terse  and  vigorous  editorials, 
most  of  which  were  from  Mr.  Turner's  pen,  and  he  soon 
became  the  recognized  editor.  As  the  Democratic  party  was 
in  the  ascendant,  the  paper  received  little  or  no  patronage 
from  the  state  government,  and  had  to  rely  chiefly  upon  the 
local  advertising;  but  the  ability  with  which  it  was  edited 
gave  it  a  large  circulation,  and  Mr.  Turner's  reputation  as  a 
writer  became  well  established.  Many  of  his  articles  were 
republished  in  the  leading  Whig  paper  in  St.  Louis.  Mr. 
Turner  was  a  very  decided  Whig,  and,  like  all  Kentuckians 
who  belonged  to  that  party,  was  a  great  admirer  of  Mr.  Clay, 
and  supported  him  for  the  presidency  with  much  zeal. 

Wishing,  however,  to  retire  from  the  editorial  chair,  and 
apply  himself  more  closely  to  his  profession,  he  removed  to 
Keytesville,  in  Chariton  County,  where  he  practiced  with  fair 
success  many  years  ;  but  in  1858  again  changed  his  residence 
and  permanently  located  in  Glasgow,  Howard  County,  where 
he  remained  till  his  death,  which  occurred  on  July  10,  1874, 
when  in  his  fifty-eighth  year.  As  a  lawyer  Mr.  Turner  was 
27 


41 8  BENCH  AND   BAR   OF  AIISSOURl. 

better  known  to  his  professional  associates  than  to  the  com- 
munity at  large,  for  his  extreme  modesty  and  retiring  dis- 
position unfitted  him  for  public  display,  and  in  respect  to 
political  preferment  kept  him  in  the  background  ;  but  those 
who  knew  him  well  placed  a  high  estimate  upon  his  legal 
attainments,  and  eagerly  sought  his  opinions  and  advice. 
For  office  he  never  manifested  any  inclination,  and  refused, 
time  and  again,  to  permit  his  name  to  go  before  the  public. 
The  only  public  position  which  he  ever  filled  was  that  of 
treasurer  of  his  county,  and  in  that  case  the  office  sought 
him,  and  he  proved  most  worthy  of  the  trust.  It  must  not  be 
supposed  that  his  retirement  proceeded  from  a  want  of  inter- 
est in  the  public  welfare,  for  he  was  a  zealous  advocate  of 
internal  improvements  by  both  state  and  Federal  govern- 
ments, and  never  failed  to  lend  his  aid  to  all  projects  tending 
to  promote  the  public  good.  From  what  has  been  said  of 
Mr.  Turner  it  might  be  inferred  that  he  was  wanting  in  social 
qualities ;  but  such  was  not  the  fact,  for  he  had  consider- 
able humor,  and  upon  all  festive  occasions  added  greatly  to 
the  zest  and  life  of  the  company.  He  was,  moreover,  a  man 
of  generous  impulses  and  warm  attachments.  His  taste  for 
general  literature  and  scientific  research  better  fitted  him  for 
the  head  of  some  institution  of  learning,  and  had  his  life 
taken  that  direction  he  must  have  attained  no  little  celebrity. 
Mr.  Turner  had  a  fine  poetical  taste,  which  often  led  him  to 
hold  converse  with  the  muses.  At  his  death  many  speci- 
mens were  found  that  had  not  been  in  print,  and  we  give  a 
short  one  which  will  furnish  the  reader  with  some  idea  of  his 
poetical  genius : 

T}IK     DOiMESTlC    HEARTH. 

I  envy  not  tlie  king  his  throne, 

'I'lic  rich  iheir  wealth  or  slate; 
Nor  loudest  trumj)  that  e'er  has  blown 

The  honors  of  the  great. 
I  ask  not  that  my  name  should  e'er 

Be  heralded  o'er  earth, 
But  may  it  be  remembered  here, 

Around  this  peaceful  hearth. 


JOHN    V.   TURNER.  4^9 

Around  this  peaceful  hearth  when  all 

These  present  scenes  are  fled, 
And  I  have  run  my  little  span 

And  sleep  among  the  dead. 
Then,  as  the  twilight  hours  come  on, 

And  round  this  hearth  you  meet, 
I'd  fain  believe  some  treasured  one 

Will  here  my  name  repeat. 

Will  here  my  name  repeat  as  some 

Sweet  memory  shall  recur  — 
Sweet  memories  that  on  this  dear  home 

A  charm  shall  then  confer. 
I'd  leave  some  dear  memorial  here 

That  ne'er  shall  be  forgot; 
I'd  claim  a  tear  from  hearts  sincere 

That  death  e'en  changes  not. 

That  death  e'en  changes  not,  although 

These  earthly  ties  be  riven. 
To  be  renewed  in  happier  climes. 

And  last  fore'er  in  Heaven. 
Whate'er  the  wavering  world  may  say  — 

Whether  applaud  or  blame  — 
O,  may  I  ever  here,  at  least. 

Have  an  untarnished  name  ! 


THE    WORLD    AT    THE    GRAVE. 

Onward  ever  time  is  stealing, 

The'  with  soft  and  silent  tread. 
Bearing  all  upon  its  bosom. 

To  the  bourne  of  doubt  and  dread: 
Doubt  and  dread  to  sons  of  folly, 

Doomed  to  darkness  and  desjjair  — 
To  the  weary,  wayworn  pilgrim. 

Respite  from  a  world  of  care. 

Life  is  ebbing,  ebl)ing,  ebbing! 

Soon  this  beating  pulse  will  cease; 
Soon  this  head  that's  long  been  aching 

Will  be  in  the  grave  at  peace  ! 
Soon  the  dream  of  life  be  over. 

All  its  cherished  visions  fled  — 
Then  how  earth  may  frown  or  flatter, 

Ne'er  I'll  reck  among  the  dead  ! 


420  BENCH  AND  BAR  OF  MISSOURI. 

Yet,  to  those  I  leave  behind  me 

Woukl  I  leave  a  spotless  name  ; 
An  example  I'd  beqiiealh  them 

Such  as  none  could  justly  blame. 
Now  how  vain  is  all  earth  proffers  I 

Naught  are  all  its  joys  to  me; 
Riches,  honors — O.  how  futile, 

As  I  near  the  narrow  sea  ! 

Sordid  gold,  I  little  craved  it; 

Honors  scarce  did  hope  to  gain  ; 
And  to  yield  all  claim  \\\io\\  them 

Gives  me  not  a  moment's  pain. 
Notes  of  fame,  if  e'er  they  charmed  me, 

Now  have  power  to  charm  no  more, 
As  I  hear  their  latest  murmur 

Die  along  the  dismal  shore  ! 

Now,  if  earth  were  all  my  promise. 

Dark  and  drear  would  be  my  doom  — 
Every  gleam  of  hope  extinguished, 

Round  me'd  gather  endless  gloom  ! 
But  a  ray  of  light  celestial 

Breaks  across  the  silent  sea  ! 
May  its  cheering  presence  guide  me 

Safely,  Father,  o'er  to  -Thee  ! 


Charles  C.  Whittelsey 

Was  a  well-known  lawyer  at  the  St.  Louis  bar,  having  prac- 
ticed there  about  thirty-five  years.  We  became  acquainted 
with  him  as  early  as  185  i,  and  knew  him  well  from  that  time 
till  his  death.  He  was  born  in  Middletown,  Connecticut,  on 
February  5,  1819,  and  his  aged  mother,  a  most  estimable 
lady,  still  lives  there  to  mourn  the  loss  of  an  affectionate  and 
devoted  son.  He  was  descended  from  a  long  line  of  clerical 
ancestors,  his  father's  family  being  descendants  of  the  Ed- 
wards family,  and  he  on  the  maternal  side  was  a  descendant 
of  the  Rev.  John  Cotton,  the  first  minister  of  Boston.  They 
were  of  Revolutionary  fame. 

His  father  was  a  lawyer  of  eminence  in  Connecticut.  It  is 
not  strange,  therefore,  that  Mr.  Whittelsey  should  Have  been 
marked  out  for  one  of  the  learned  professions.  After  going 
through  the  ordinary  course  of  common-school  education,  he 
entered,  in  1834,  Yale  College,  and  in  1838  graduated  high  up 
in  his  class.  The  death  of  his  father  occurred  shortly  after- 
wards, and  Charles,  being  unwilling  to  be  dependent  upon 
his  mother,  taught  school  for  nearly  a  year,  having  to  walk, 
in  going  to  and  returning  from  school,  three  miles  each  way, 
morning  and  evening.  He  then  entered  the  office  of  Jona- 
than Barnes,  an  able  jurist  in  Middletown,  and  applied  him- 
self very  closely  to  the  study  of  the  law.  Mr.  Barnes  made 
his  students  draw  all  kinds  of  legal  instruments,  so  as  to  fa- 
miliarize them  with  forms,  which  proved  very  serviceable  to 
Mr.  Whittelsey,  who,  in  after-life,  became  the  author  of  a 
Form  Book,  which  we  shall  have  occasion  to  refer  to.  In 
the  winter  of  1 840-1  Mr.  Whittelsey  came  to  Missouri,  and 
settled  in  St.  Louis,  where  he  remained  through  life.  He 
soon  worked  his  way,  by  hard  labor  and  diligence,  to  a  very 
honorable  position  in  the  profession,  and  was  always 
esteemed  a  sound,  well-read,  and  reliable  lawyer.      His  Form 


422  BENCH  AND  BAR   OF  MISSOURI. 

Book,  to  which  we  have  aUuded,  was  pubhshed  by  him  in 
1857,  and  proved  a  most  vahiable  aid  to  judges  of  probate, 
judges  of  the  County  Court,  clerks  of  courts,  sheriffs,  consta- 
bles, justices  of  tlic  [)eace,  administrators,  etc.,  for  it  con- 
tained all  the  forms  of  proceedings  adapted  to  those  offices  ; 
and  particularly  was  it  valuable  to  administrators,  for  it  en- 
abled them  to  prepare  their  annual  and  final  settlements  with- 
out the  aid  and  expense  of  a  lawyer.  It  also  furnished  forms 
for  all  kinds  of  conveyances  and  acknowledgments.  To  the 
merchant  and  citizen  it  gave  a  form  for  drawing  wills,  bonds, 
promissory  notes,  bills  of  exchange,  articles  of  agreement, 
articles  of  copartnership,  etc. 

As  the  forms  applied  chiefly  to  our  local  statutes,  the 
sale  of  the  book  was  confined  mostly  to  our  state,  but  here  it 
circulated  largely,  and  found  its  way  into  every  private  law 
library  and  clerk's  office.  It  was  adapted  chiefly  to  the  Re- 
vised Statutes  of  1856. 

In  1870  he  published  a  work  on  General  Practice,  which 
had  a  large  circulation,  and  proved  valuable  to  the  pro- 
fession. It  was  designed  chiefly  to  aid  young  practi- 
tioners, and  commenced  with  a  very  able  chapter  in  refer- 
ence to  the  jurisdiction  of  courts  of  record  in  civil  cases, 
and  proceeded  to  give  the  forms  of  different  kinds  of  proc- 
ess, and  the  duties  of  courts  and  their  officers,  following  the 
general  order  of  our  Code  of  Practice.  In  other  words,  it  is 
a  book  of  trials  and  their  incidents,  and  is  a  work  of  great 
value,  which  required  the  most  herculean  labor  to  compile. 
He  was  also  reporter  of  the  decisions  of  our  Supreme  Court, 
from  i860  to  1867,  and  reported  the  cases  embraced  in  vol- 
umes 31  to  41  inclusive.  He  exhibited  great  ability  as  a  re- 
porter, and  it  was  very  rare  that  he  made  a  mistake  in  his 
head-notes. 

In  his  practice  he  paid  special  attention  to  insurance  and 
commercial  cases,  and  became  very  efficient  in  those  branches 
of  the  law.  W'e  never  saw  him  in  a  criminal  case,  and  it  is 
questionable  if  he  ever  engaged  in  one  of  any  importance. 

He  was  in  no  sense  a  brilliant  lawyer,  for  he  had  none  of 
the  elements  of    oratory.      His   enunciation  was   too    rapid 


CHARLES   C.    WHITTELSEY.  423 

and  indistinct,  and  at  times  it  was  almost  impossible  to  un- 
derstand him  unless  you  were  within  a  few  feet  of  him.  We 
are  not  aware  that  he  ever  filled  any  public  position  except 
as  above  stated,  though  he  was  an  ardent  politician,  fond  of 
attending  political  meetings,  and  very  frequently  addressed 
the  people.  He  was  an  excellent  political  organizer,  and 
would  perform  any  amount  of  labor  and  drudgery  when 
called  upon  by  his  political  friends.  He  was  a  close  student, 
fond  of  research,  and,  in  investigating  a  legal  problem,  never 
stopped  until  he  had  touched  the  bottom  of  his  subject. 
These  qualities  gave  him  success  in  his  profession.  Mr. 
Whittelsey  had  a  high  sense  of  honor — was  scrupulously 
honest,  and  had  a  sovereign  contempt  for  a  professional 
trickster.  He  was,  moreover,  a  man  of  fine  social  qual- 
ities—  fond  of  public  entertainments,  theatrical  and  musical 
exhibitions,  and  the  hours  which  he  could  spare  from  his 
professional  duties  were  spent  in  that  way. 
He  left  a  widow  and  seven  or  eight  children. 


Charles  Jones. 

For  a  period  of  nearly  forty  years  Charles  Jones  and  the 
author  were  intimate  friends,  and  their  relations  were  pleasant 
and  social.  He  never  would  declare  to  any  one,  not  even  to 
his  own  family,  his  age,  but  since  his  death  we  have  learned 
that  he  was  born  in  Somerset  County,  Maryland,  on  January 
27,  1814.  He  was  the  second  son  of  Charles  and  Elizabeth 
Jones,  and  his  father  was  a  respectable  farmer  in  comfort- 
able circumstances.  He  brought  his  sons  up  to  labor  and 
industrious  habits.  Charles  received  his  primary  instruction 
in  the  common  district  schools  of  his  native  county,  but 
completed  his  education  at  the  Washington  Institution, 
which  at  that  time  was  under  the  management  of  Dr.  Laird, 
a  Presbyterian  minister. 

At  the  age  of  eighteen  he  commenced'reading  law  in  the 
office  of  William  H.  Handy,  Esq.,  and  finished  his  legal 
course  with  William  H.  Collins,  a  prominent  lawyer  of  Balti- 
more, and  was  there  admitted  to  the  bar.  It  does  not  ap- 
pear that  he  practiced  much,  if  any,  in  Maryland,  for  in  1837 
he  came  to  Missouri  and  went  to  Palmyra,  in  Marion  County, 
intending  to  locate  there;  but  not  being  pleased  with  the 
place,  started  on  foot  for  Union,  the  county-seat  of  Franklin 
County,  where  we  had  located  a  few  months  before.  As  we 
sat  on  the  steps  of  the  hotel  one  day,  he  walked  into  town, 
inquired  for  us,  and  introduced  himself  as  a  young  lawyer 
seeking  a  place  in  which  to  commence  the  practice.  He 
had  evidently  seen  but  little  of  the  world,  and  had  a  wild, 
staring  look,  as  though  he  apprehended  some  great  misfor- 
tune or  calamity.  We  encouraged  him  to  remain  with  us, 
and  tendered  him  any  assistance  we  could  give.  He  con- 
cluded to  pitch  his  tent  with  us,  and  three  or  four  days  after- 
wards both  of  us  were  retained  in  a  case  before  a  justice  of 
the  peace,  on  opposite  sides.      While  the  trial  was  progress- 


CHARLES  JONES.  425 

ing,  the  boys  were  disposed  to  make  themselves  merry  over 
a  pair  of  boots  that  Mr.  Jones  had  on.  In  those  days  boots 
were  made  with  narrow  or  sharp-pointed  toes,  and  in  his 
long  walk  from  Pahiiyra  the  toes  of  his  boots  had  turned  up 
in  the  shape  of  a  sleigh-runner,  while  the  heel  had  nearly 
reached  the  hollow  of  the  foot.  After  the  trial,  several  per- 
sons approached  us  and  suggested  the  propriety  of  our  ad- 
vising the  new  attorney  to  throw  aside  his  sleigh-runners,  as 
there  was  but  little  probability  of  snow  for  several  months 
to  come.  The  next  day,  in  the  kindness  of  our  heart,  and 
with  the  most  benevolent  intention,  we  advised  a  change, 
and  suggested,  in  a  way  least  calculated  to  wound  his  feel- 
ings, that  if  he  was  short  in  his  finances  we  would  gladly 
divide  with  him  our  cash  on  hand,  amounting  to  about  $Ap. 
He  thanked  us,  and  said  he  was  not  in  want  of  anv.  At 
that  time  our  worldly  possessions,  all  told,  consisted  of  a 
horse,  saddle,  bridle,  a  few  books,  and  the  cash  aforesaid, 
while  he  had  in  a  belt  around  his  waist,  as  we  afterwards 
learned,  from  $2,000  to  $3,000.  We  succeeded,  however, 
with  some  difficulty,  in  persuading  him  to  buy  a  new  pair; 
but  he  always  said  it  was  the  dearest  pair  he  ever  had,  for 
they  not  only  wore  out  in  less  than  a  month,  but  the  mer- 
chant from  whom  he  bought  them  made  him  pay  for  them 
twice,  he  having  failed  to  take  a  receipt  on  the  first  payment. 

From  that  time  Mr.  Jones  and  the  author  became  good 
friends;  and  it  is  a  pleasant  reflection  that,  though  pitted 
against  each  other  in  almost  every  important  case  at  the 
Franklin  bar  for  many  years,  an  unkind  word  never  passed 
between  us.  He  did  not  remain  long  at  the  county-seat, 
but  purchased  a  farm  three  miles  distant,  upon  which  he 
lived  until  his  removal  to  St.  Louis. 

One  of  the  marked  features  of  his  character,  which 
adhered  to  him  through  life,  was  secretiveness.  For  }'ears 
after  he  settled  at  Union  no  one  knew  his  politics,  and  every 
effort  to  get  an  avowal  from  him  proved  abortive.  He 
expressed  much  admiration  for  Mr.  Webster,  but  not  beyond 
what  any  one  might  entertain  for  a  man  of  such  tran- 
scendent ability.      He  never  attended   any   of  the  political 


426  BENCH  AND  PAR    OF  MISSOUKF. 

meetings,  and  evaded  every  inquiry  touching  his  political 
tenets.  Finally,  however,  he  became  a  candidate  for  the 
State  Senate,  and  for  the  first  time  announced  himself  a 
Democrat.  He  was  elected,  and  remained  in  the  Senate  sev- 
eral 3^ears,  and  jjroved  very  serviceable  to  his  constituents, 
for  he  was  active,  diligent,  and  faithful.  He  was  far  above 
an  average  member  —  in  fact,  he  was  a  strong  debater,  and 
made  himself  very  useful  on  several  important  committees. 
The  disposition  to  conceal  his  opinions  on  many  questions 
accompanied  him  to  the  Senate  Chamber,  and  it  was  a  com- 
mon inquiry  among  the  members,  "  How  will  Charley  Jones 
vote  ?  "  He  also  displayed  the  same  trait  in  his  practice  at 
the  bar.  He  would  conceal  his  intentions  when  conceal- 
ment could  be  of  no  possible  avail  to  him,  and  he  never 
would  let  it  be  known  whether  he  was  ready  for  trial  until 
forced  to  show  his  hand.  After  his  witnesses  were  sub- 
poened,  he  would  procure  the  subpoenas  from  the  sheriff  and 
carry  them  in  his  hat,  to  keep  the  opposing  counsel  from 
learning  their  names.  Uj^on  leaving  home  he  would  often 
tell  his  friends  that  he  was  going  to  a  particular  place,  and 
then,  without  an}'  conceivable  motive,  go  in  the  opposite 
direction.  To  conceal  from  his  best  friends,  and  all  the 
world  beside,  his  designs  and  intentions,  was  a  passion,  the 
indulgence  of  which  seemed  to  be  particularly  gratifying  to 
him.  This  trait  in  his  character  greatly  impaired  his  influ- 
ence, not  only  with  the  public  at  large,  but  as  an  advocate 
before  a  court  and  jury.  As  a  lawyer  he  was  successful,  for 
he  made  the  cause  of  his  client  his  own  —  prepared  himself 
thoroughly,  and  left  nothing  undone  to  insure  success. 
With  each  of  his  client's  witnesses  he  would  consult  pri- 
vately—  le  irn  in  advance  what  they  would  testify  to,  and  not 
trust  to  the  representations  of  his  client.  He  was  rapid, 
fluent,  and  vehement,  as  a  speaker,  but  greatly  wanting  in 
method  and  the  power  of  concentration.  He  would,  in  his 
argument,  seize  a  strong  point  in  the  case,  and,  as  if  appre- 
hensive that  it  might  be  overlooked,  repeat  it  over  and  over 
again,  until  he  not  only  impaired  its  force,  but  frequently 
exhausted  the  patience  of  the  jury. 


CHARLES  JONES.  42/ 

Mr.  Jones  started  out  in  life  with  the  determination  to 
make  a  fortune,  and  bent  all  his  energy  in  that  direction. 
The  love  of  money  became  his  ruling  passion,  and  absorbed 
his  thoughts  by  day  and  night.  In  a  trade  he  knew  no  man, 
friend  or  foe.  He  would  seek  the  advantage  with  his 
brother  as  soon  as  the  veriest  stranger  in  the  land.  He  was 
careful,  cautious,  and  saving,  and  never  indulged  in  extrava- 
gance of  any  kind.  This  enabled  him  to  accumulate  a  large 
fortune,  for  at  his  death  he  left  an  estate  valued  at  over  a 
quarter  of  a  million  of  dollars.  He  was  excessively  fond  of 
good  horses ;  always  kept  plenty  of  them,  and  was  an  excel- 
lent judge  of  them.  He  lived  comfortably,  and  in  his  home 
was  one  of  the  most  hospitable  of  men.  He  delighted  to 
have  his  friends  call  upon  him,  and  entertained  them  with 
much  cordiality.  His  mind  was  not  free  from  doubt  upon  the 
subject  of  religion,  but  he  subscribed  to  the  doctrine  of 
Christianity,  and  was  a  firm  believer  in  predestination,  upon 
which  subject  he  would  converse  as  long  as  he  could  get  any 
person  to  listen  to  him. 

He  had  a  strange  and  unaccountable  fear  of  death,  \\hich, 
however,  during  his  long  and  protracted  illness,  gradually 
subsided.  This  fear  of  death  is  not  uncommon  even  with 
men  of  strong  intellects  and  religious  feelings.  The  cele- 
brated Dr.  Sam  Johnson  admitted  that  it  haunted  him  through 
life,  yet  he  was  a  very  pure  and  religious  man.  Mr.  Jones 
was  ill  a  year,  during  the  last  three  months  of  which  he 
was  confined  to  his  bed.  We  visited  him  almost  daily,  and  if 
absent  two  or  three  da}'s,  he  complained  of  our  want  of  atten- 
tion. For  several  months  before  his  death  he  became  satis- 
fied that  his  end  was  near,  and  prepared  his  worldly  affairs 
for  the  event.  Although  he  owned  ten  or  twelve  fine  resi- 
dences in  St.  Louis,  he  bought  a  large,  commodious  dwelling 
in  the  most  fashionable  part  of  the  city,  had  it  furnished 
handsomely,  and  moved  into  it  a  month  before  his  death. 
He  informed  us  that  it  was  for  his  widow. 

Mr.  Jones'  physicians  entertained  great  doubts  as  to  the 
nature  of  his  disease,  but  a  post-mortem  examination,  made 
in  our  presence,  revealed  a  cancer  in  his  stomach.      He  had 


428  BENCH  AND  BAR   OF  MISSOURI. 

long  entertained  a  suspicion  that  such  might  be  the  case. 
He  retained  full  possession  of  his  mental  powers  to  the  mo- 
ment of  his  death.  Two  days  before  he  breathed  his  last  he 
called  us  to  his  bedside,  and  requested  us  to  indict  a  letter 
to  his  attorney  in  Franklin  County,  who  was  defending  a 
land  suit  which  was  pending  against  him.  We  wrote,  at  his 
dictation,  four  pages  of  foolscap,  and  his  mind  was  never 
clearer  than  at  that  time.      He  died  in  July,  1876. 

Mr.  Jones  married  Miss  Yoste,  of  St.  Louis  County,  a  lady 
of  fine  appearance  and  many  accomplishments,  who  survives 
him.  He  also  left  four  interesting  children.  He  was  a  kind 
husband  and  father,  and  found  in  his  domestic  relations  the 
chief  source  of  his  happiness. 

There  was  one  feature  in  Mr.  Jones'  character  which  mer- 
its the  highest  commendation.  Notwithstanding  his  love  of 
money,  and  his  insatiable  desire  to  accumulate,  he  was  the 
kindest  man  to  his  slaves  we  ever  met.  At  the  commence- 
ment of  the  Rebellion  he  had  about  sixty,  most  of  them  very 
valuable.  He  was  fully  convinced  that  the  war  would  neces- 
sarily liberate  them,  and,  though  he  had  frequent  oppor- 
tunities, never  would  sell  one,  not  even  those  who  were 
disobedient  to  him.  Some  time  before  Mr.  Lincoln's 
proclamation  we  remarked,  in  a  jocular  way,  that  he 
had  better  put  some  in  his  pocket.  His  reply  was  that  he 
would  rather  lose  every  slave  he  owned  than  to  sell  one. 
We  saw  him  once  buying  a  woman  and  seven  children  at  a 
high  price,  rather  than  see  them  fall  into  the  hands  of  a  South- 
ern trader.  He  worked  most  of  his  slaves  on  different  farms 
in  Franklin  County,  but  it  was  very  rare  that  he  worked  one 
over  five  or  six  hours  in  the  day,  and  in  sickness  he  took  the 
greatest  care  of  them.  He  never  could  deny  them  any  favor 
they  asked.  He  certainly  never  derived  any  profit  from  his 
slaves,  for  their  labor  merely  fed  and  clothed  them.  After 
they  became  free  under  the  proclamation,  most  of  them  re- 
mained with  him,  and  those  who  did  not  continued  to  par- 
take of  his  bounty.  After  his  removal  to  the  city  of  St. 
Louis  he  gave  directions  to  his  family  physician,  in  Franklin 
County,  to  attend  to  his  old  slaves  in  sickness,  and  to  send 


CHARLES  JONES.  429 

all  bills  to  him.  We  have  a  personal  knowledge  of  his  pay- 
ing many  bills  of  that  kind.  The  loss  of  sixty  slaves  at  one 
fell  swoop  did  not  affect  him  as  much  as  was  anticipated.  It 
presents  an  anomaly  in  his  character  which  admits  of  no  rea- 
sonable solution. 

In  the  civil  war,  Mr.  Jones  sympathized  with  the  South, 
but  he  was  not  a  disunionist.  We  have  often  heard  him  say 
that  secession  furnished  no  remedy  for  the  wrongs  commit- 
ted against  the  South.  He  believed  that  the  floor  of  Con- 
gress was  the  only  available  battle-ground. 

Mr.  Jones  had  but  few  attached  friends,  for  it  was  not  in 
his  nature  to  place  unlimited  confidence  in  any  one.  We 
probably  secured  as  much  of  his  good-will  as  any  one  out- 
side of  his  immediate  family,  and  yet  he  was  as  cautious  and 
reserved  in  disclosing  to  us  the  secrets  of  his  heart  as  though 
we  were  a  mere  casual  acquaintance.  His  conversation  was 
no  index  to  what  was  transpiring  in  his  mind  ;  for,  like  Talley- 
rand, he  believed  that  the  true  use  of  speech  was  not  so 
much  to  express  one's  wants  and  thoughts  as  to  conceal 
them.  He  seemed  to  regard  wealth  as  the  chief  passport  to 
power  and  happiness,  but  lived  to  realize  the  truth  of  what 
the  poet  hath  said  : 

"  The  boast  of  heraldry,  tlie  pomp  of  power, 

And  all  that  beauty,  all  that  wealth  e'er  gave. 
Await  alike  the  inevitable  hour  — 

The  paths  of  glory  lead  but  to  the  grave." 

Mr.  Jones  was  at  times  subject  to  great  mental  depression, 
but  generally  possessed  a  fine  flow  of  spirits,  and  though  with- 
out any  faculty  for  telling  anecdotes,  greatly  enjoyed  them 
when  told  by  others.  Upon  one  occasion  we  traveled  to- 
gether on  horseback  to  attend  the  Pulaski  Circuit  Court,  and, 
being  overtaken  late  in  the  day  by  a  snow-storm,  were  forced 
to  put  up  for  the  night  at  a  widow's,  who  kept  a  small  inn  for 
the  entertainment  of  man  and  beast.  We  were  strangers  to 
the  widow,  never  having  had  occasion  to  patronize  her  before. 
Mr.  Jones  wore  a  broad-brimmed  hat,  and  a  frock-coat  cut 
after  the  style  usually  worn  by  Methodist  clergymen.      She 


430  BENCH  AND  BAR   OF  MISSOURI. 

became  immediately  impressed  with  the  opinion  that  he  was 
a  Methodist  circuit-rider,  and  took  the  first  occasion  to  in- 
quire of  us  liis  name,  and  the  name  of  the  circuit  he  trav- 
eled. When  we  told  her  that  he  was  traveling  on  the  Pu- 
laski Circuit,  all  doubt  as  to  his. vocation,  if  she  had  enter- 
tained any  before,  was  evidently  removed,  for  in  less  than 
ten  minutes  we  heard  the  "  squall "  of  a  dying  chicken,  and 
congratulated  each  other  upon  the  prospect  of  an  early  and 
good  repast  after  a  long  day's  ride.  And  we  were  not  dis- 
appointed ;  for,  besides  the  young,  fat,  and  tender  chicken, 
our  considerate  landlady  had  provided  us  with  waffles,  light 
biscuit,  and  a  pitcher  of  fresh  milk,  to  all  of  which  we  did 
ample  justice,  for  we  had  not  eaten  anything  since  five 
o'clock  that  morning. 

After  the  table  was  cleared  away  the  widow  brought  out  a 
famih^  bible  and  prayer-book,  and  requested  Brother  Jones  to 
engage  in  prayer,  which  he  declined  upon  the  score  of  great 
fatigue  from  his  long  ride.  After  a  good  breakfast  the  next 
morning,  our  horses  were  brought  out,  and  Mr.  Jones  asked 
the  widow  for  the  amount  of  his  bill,  and  received  for  reply, 
''Nothing ;  I  never  make  a  charge  against  ministers."  We 
then  approached  her,  and  asked  for  the  amount  of  our  bill, 
and  she  answered,  "  One  dollar,''  which  we  promptly  paid. 
Now  comes  the  cream  of  the  joke.  The  uniform  price  at 
that  time,  at  all  way-side  inns,  was  Jjfty  cents.  It  was  evident, 
therefore,  that  the  widow,  who  had  an  eye  to  self,  had  deter- 
mined that  we  should  foot  the  bill  for  both,  or,  in  other  words, 
to  make  out  of  us  the  loss  occasioned  by  her  Christian  benev- 
olence. When  we  had  proceeded  a  few  hundred  yards  from 
the  house,  Mr.  Jones  burst  out  in  a  laugh  that  might  have  been 
heard  half  a  mile.  "  Well,"  said  he,  "  you  paid  dearly  for  your 
trick  upon  me."  We  insisted  that  upon  every  principle  of 
equity  and  fair  dealing  he  should  refund  to  us  the  half-dollar, 
and  we  continued  to  present  the  bill  to  him  for  a  quarter  of  a 
century,  until,  in  fact,  the  interest  upon  the  amount,  com- 
pounded, reached  a  fabulous  sum.  He  enjoyed  the  incident 
through  life  —  told  it  upon  all  occasions,  and  each  time  with 
additional  zest  and  merriment.     Often  when  we  found  him  in 


CHARLES  JONES.  43 1 

a  despondent  mood,  particularly  during  the  last  year  of  his 
life,  we  could  restore  him  to  cheerfulness,  and  elicit  from  him 
a  hearty  laugh,  by  demanding  the  payment  of  our  bill. 

Among  the  acquaintances  of  Mr.  Jones  much  curiosity  has 
been  felt  respecting  his  religious  views.  He  often  expressed 
to  us  his  belief  in  the  leading  tenets  of  the  Christian  religion. 
He  had  implicit  faith  in  the  efficacy  of  prayer,  and  often  told 
us  that  when  suffering  from  mental  despondency  he  com- 
muned freely  with  his  God.  During  his  last  hours  he 
frequently  called  upon  his  wife  to  pray  for  him.  He  was 
much  opposed  to  sectarianism,  and  though  a  Protestant,  never 
objected  to  have  his  children  educated  in  Catholic  schools. 
His  wife,  a  very  intellectual  lady,  was  a  Catholic,  and  he  left 
to  her  the  duty  of  providing  for  the  education  of  their  chil- 
dren. Knowing  that  it  would  be  gratifying  to  his  family, 
he  received,  just  before  his  death,  the  rites  of  the  Catholic 
Church. 

He  left  four  children  —  two  girls  and  two  boys. 


Benjamin  F.  Hickman. 

This  gentleman,  with  whom  we  became  early  acquainted, 
and  whom  we  regarded  as  one  of  our  best  friends,  was  for 
many  years  clerk  of  the  United  States  Circuit  and  District 
Courts  for  the  Eastern  District  of  Missouri.  He  was  born 
in  Frankfort,  Kentucky,  March  8,  1810,  and  educated  in  a 
select  school  taught  in  Frankfort  by  Charles  and  Kene 
O'Harris,  noted  in  that  day  for  their  skill  in  preparing  pupils 
for  a  collegiate  course.  When  young  Hickman  reached  the 
age  of  twenty  he  became  a  deputy  in  the  office  of  Francis 
P.  Blair,  clerk  of  the  court  at  Frankfort,  who  afterwards 
became  a  distinguished  political  writer,  and  editor  of  Gen- 
eral Jackson's  administration  organ,  at  Washington.  In  due 
time  he  commenced  the  study  of  the  law  in  the  office  of 
Lewis  Saunders,  and  after  being  admitted  to  the  bar,  in 
1 83 1  or  1832,  commenced  the  practice  of  his  profession  in 
Lawrenceburg,  Anderson  County,  and  practiced  there  sev- 
eral years,  during  which  time  he  was  twice  elected  to  repre- 
sent that  county  in  the  Kentucky  Legislature. 

His  first  wife  was  a  Miss  Cunningham,  who  shortly  after 
her  marriage  was  killed  in  attempting  to  jump  from  a  buggy 
drawn  by  a  horse  that  was  running  away.  Mr.  Hickman  was 
very  severely  injured,  and  narrowly  escaped  death.  It  threw 
him  into  a  melancholy  condition  of  mind,  which  for  some 
time  greatly  alarmed  his  friends. 

In  1832  he  volunteered  in  the  Black  Hawk  War,  and 
became  an  aid  to  Governor  Reynolds,  of  Illinois.  In  1841 
Mr.  Hickman  moved  to  St.  Louis,  and  there  entered  upon 
the  practice  of  the  law,  and  at  the  end  of  two  years  located 
in  Jefferson  City,  where  he  not  only  practiced  law,  but 
became  editor  of  a  political  paper  called  Tlie  Metropolitan. 
In  1848  Judge  Robert  W.  Wells  appointed  him  clerk  of 
the  United   States  Court,  when   he  moved  to  St.  Louis,  and 


BENJAMIN  F.  HICKMAN.  433 

was  appointed,  by  Judge  Samuel  Treat,  clerk  of  the  District 
Court,  and  he  continued  clerk  of  both  courts  until  his  death, 
on  February  6,  1871,  making  his  age,  at  the  time  of  his 
death,  within  a  month  of  sixty-one  years. 

Mr.  Hickman  was  not  al  the  Missouri  bar  long  enough  to 
attain  much  distinction  in  his  profession,  but  he  became  one 
of  the  most  efficient  clerks  that  ever  served  in  a  Federal 
court,  and  so  faithful  was  he  in  the  discharge  of  his  duties 
that  he  secured,  and  retained  to  his  death,  the  good-will  and 
approbation  of  the  entire  bar  of  the  state.  Judges  and  law- 
yers all  deferred  to  his  opinion  and  judgment  in  all  matters 
pertaining  to  his  office.  No  one  could  be  more  familiar  with 
its  duties,  and  no  one  was  ever  more  faithful  in  the  discharge 
of  them.  Every  practitioner  in  the  Federal  courts  well 
knows  the  difficulties  and  vexations  that  a  clerk  has  to 
encounter;  yet  Colonel  Hickman  always  appeared  pleasant 
and  affable,  and  towards  the  bar  and  suitors  was  ever  cour- 
teous and  obliging.  Nature  made  him  a  gentleman,  and  in 
his  house  he  was  most  hospitable  and  entertaining.  He  was 
a  man  of  kind  heart  and  generous  impulses,  and  he  took  the 
greatest  delight  in  entertaining  his  friends,  and  dispensing 
the  hospitality  of  his  home.  It  was  not  that  generosity 
which  expects  its  reward,  but  was  heartfelt  and  disinterested. 
Many  an  evening  have  we  spent  in  his  family  circle,  and  no 
one  could  leave  it  without  feeling  that  he  had  been  princely 
entertained. 

Colonel  Hickman  was  very  popular,  and  his  death  created 
a  profound  sensation  throughout  St.  Louis  and  the  state,  A 
bar-meeting  was  held  in  the  United  States  court-room,  to 
pay  a  tribute  of  respect  to  his  memory,  which  was  very 
largely  attended,  and  appropriate  resolutions  adopted,  and  a 
general  feeling  of  sorrow  and  regret  pervaded  the  minds  of 
all.  Shortly  afterwards  the  Hon.  J.  D.  S.  Dryden  presented 
the  resolutions  to  the  United  States  Court,  with  a  request 
that  they  be  spread  upon  the  records  of  the  court;  and,  in 
granting  the  request.  Judge  Samuel  Treat  paid  a  glowing 
tribute  to  the  deceased,  from  which  we  extract  the  fol- 
lowing : 
28 


434  BENCH  AND  BAR   OF  MISSOURI. 

"  His  generous  and  public-spirited  naliue  diverted  him  for  a  time,  to  a  large 
extent,  from  mere  professional  and  private  pursuits,  into  active  participation  in 
the  engrossing  public  questions  of  the  day  —  involving,  necessarily,  an  extended 
actpiainlance  with  the  prominent  men  on  whom  the  solution  of  those  questions 
depended,  and  a  reliable  familiarity  with  the  principles  involved.  Eminently 
sociable  and  generous,  his  personal  inlluence  and  popularity  were  consequently 
great,  and  his  aid  and  advice  were  therefore  sought  in  most  of  the  then  popu- 
lar movements  of  the  time.  Then,  as  throughout  his  life,  he  manifested 
the  most  earnest  devotion  to  all  the  rec|uirements  of  personal  or  public  friend- 
ships, and  without  sacrifice  of  principle,  and  regardless  of  selfish  considera- 
tions, was  prompt  to  do  for  others  what  kindness  or  justice  seemed  to  require. 
His  dominant  characteristics  were  fidelity,  energy,  business  capacity,  and  gen- 
erosity. He  was  sternly  true  to  the  nobler  and  more  generous  impulses  of  our 
nature :  resting  with  sincere  confidence  in  his  friendly  relations  with  others, 
and  instant  in  repelling  any  intimations  tending  to  shake  or  lessen  his  confi- 
dence. Such  a  life  necessarily  created  strong  attachments,  which  nothing  but 
overwhelming  convictions,  based  on  clear  proofs,  were  apt  to  sunder.  Chari- 
table to  a  fault,  open-handed,  sympathetic,  and  unselfish,  he  assisted  others, 
and  gave  freely,  when  a  more  scrutinizing  disposition  might  have  hesitated  or 
withheld  the  solicited  favor.  In  all  such  cases  he  discriminated  in  favor  of  the 
supposed  needs  of  others,  and  against  himself.  These  large-hearted  and  liberal 
traits  of  character  pervaded  his  whole  life  ;  but  by  no  means  unaccompanied 
with  more  heroic  elements.  He  was  as  bold  to  dare,  when  occasion  recjuired, 
as  he  was  generous  to  give  or  forgive." 

Colonel  Hickman  married  twice,  his  second  wife  being 
Miss  Moore  of  Kentucky,  a  lady  of  intelligence  and  refine- 
ment, by  whom  he  had  three  children  —  two  sons  and  a 
daughter  —  all  of  whom  survive  him. 


Joel  F.  asper. 

Mr.  Asper  was  a  practicing  lawyer  in  Livingston  County, 
Missouri.  He  was  born  in  Adams  County,  Pennsylvania,  in 
1822,  and  removed  with  his  parents  into  Ohio  when  very 
young.  Of  his  early  education  we  have  no  reliable  informa- 
tion, but  he  was  admitted  to  the  bar  in  Ohio,  in  1844,  and 
after  practicing  there  for  some  time  came  to  Missouri,  and  set- 
tled in  Chillicothe,  on  the  line  of  the  Hannibal  &  St.  Joseph 
Railroad.  His  practice  was  not  very  extensive,  and  he  de- 
voted part  of  his  time  to  editing  a  local  paper.  He  was  also 
for  a  short  period  prosecuting  attorney  for  his  county.  On 
the  breaking-out  of  the  war  he  took  a  very  decided  stand  in 
favor  of  the  Union;  raised  and  organized  a  military  com- 
pany, became  its  captain,  was  mustered  into  the  volun- 
teer service,  and  in  one  of  two  engagements  in  which  he  par- 
ticipated was  severely  wounded.  Upon  leaving  the  army 
he  returned  to  Chillicothe,  and  resumed  the  practice  of  the 
law.  He  never  acquired  much  distinction  in  the  law,  but 
obtained  considerable  prominence  as  a  politician,  and  in  1868 
was  elected  to  the  Forty-first  Congress.  He  served  but  one 
term  —  too  short  a  period  to  become  noted  as  a  public  man. 

He  died  in  October,  1872,  at  the  age  of  fifty.  He  was 
represented  as  a  man  of  social  and  agreeable  manners,  with 
considerable  vivacity,  and  was  a  fluent  and  ready  speaker. 


James  H.  birch. 

The  recent  death  of  this  old  and  experienced  lawyer  and 
politician,  announced  by  the  press  throughout  the  state,  ad- 
monishes us  of  the  rapidity  with  which  the  early  lights  of 
the  profession  are  passing  away. 

Judge  Birch  was  born  in  Montgomery  County,  Virginia, 
on  March  27,  1804,  and  was,  therefore,  at  his  death,  which 
occurred  in  March,  1878,  at  his. residence  in  Clinton  County, 
seventy-four  years  of  age. 

His  father  was  a  clergyman,  and  moved  into  Kentucky, 
and  there  died  when  his  son  was  about  seventeen  years  of 
age.  The  education  of  James  was  obtained  in  the  common 
schools,  and  soon  after  the  death  of  his  father  he  com- 
menced the  study  of  medicine,  to  which,  however,  he  took  a 
dislike,  and  soon  abandoned  it  and  entered  upon  the  study  of 
the  law  in  the  office  of  the  Hon.  John  Trimble,  then  one  of  the 
judges  of  the  Supreme  Court  of  Kentucky.  He  must  have 
been  admitted  to  the  bar  as  soon  as  he  became  of  age. 

In  1825  he  married  a  daughter  of  Daniel  Halstead,  of 
Lexington,  and  in  the  latter  part  of  the  following  year  re- 
moved to  St.  Louis,  and  was  employed  in  the  editorial  de- 
partment of  the  5/.  Loids  Enquirer,  a  Democratic  paper 
published  under  the  auspices  of  Colonel  Benton.  In  July, 
1827,  he  moved  to  Fayette,  Howard  County,  and  established 
the  Western  Monitor,  a  weekly  journal,  said  to  be  at  that 
time  the  most  western  paper  published  in  the  United  States. 
It  was  Democratic  in  its  policy,  and  very  warmly  supported 
General  Jackson  for  the  presidency. 

The  first  public  office  held  by  Mr.  Birch  was  that  of  clerk 
of  the  lower  house  of  the  General  Assembly,  in  1828-9.  ^^ 
the  next  session  he  was  made  secretary  of  the  Senate,  and  at 
this  time  took  a  very  active  part  in  politics,  often  addressing 
the  people  frcmi  the  rostrum. 


JAMES  H.  BIRCH.  437 

As  soon  as  eligible,  the  people  of  the  senatorial  district 
composed  of  Howard  and  Randolph  Counties  elected  him 
to  the  State  Senate.  Although  one  of  the  youngest  mem- 
bers of  the  body,  he  was  made  chairman  of  the  joint  com- 
mittee appointed  to  revase  the  laws  —  a  very  responsible  and 
laborious  position.  Before  the  expiration  of  his  term  he  re- 
signed, to  enable  him  to  devote  more  time  to  his  professional 
business  and  the  publication  of  his  paper.  In  1843  Presi- 
dent Tyler  appointed  him  register  of  the  Land  Office  at 
Plattsburg,  a  new  office  then  lately  established.  In  1849  he 
was  appointed  judge  of  the  Supreme  Court  of  the  state,  and 
held  the  position  until  the  election  of  1852,  when  he  de- 
clined to  become  a  candidate.  His  opinions  as  rendered 
from  the  bench  will  be  found  in  volumes  12  to  15,  inclusive, 
of  the  Missouri  Reports. 

Judge  Birch  was  out  of  his  element  on  the  bench.  His 
mind  was  of  that  sort  which  required  the  stimulus  of  excite- 
ment to  develop  his  resources,  and  had  he  succeeded  in 
obtaining  a  seat  in  Congress,  and  retained  it  a  sufficient 
time,  he  would  doubtless  have  made  his  mark,  and,  in  all 
probability,  secured  a  national  reputation,  which  others  of 
far  less  ability  have  done. 

After  leaving  the  bench  he  was  again  appointed  and  re- 
appointed register  of  the  Land  Office,  the  duties  of  which 
were  very  onerous,  for  at  that  time  the  immigration  to  the 
Platte  country  was  very  large,  and  necessarily  created  an 
unusual  demand  for  public  lands. 

Judge  Birch  always  manifested  a  strong  desire  to  obtain  a 
seat  in  Congress,  was  several  times  a  candidate,  but,  by  a 
combination  of  unfavorable  circumstances,   suffered  defeat. 

He  was  a  strong  advocate  for  internal  improvements, 
espoused  with  much  ardor  the  building  of  a  railroad  to  the 
Pacific,  addressed  the  people  of  the  northern  counties  to 
induce  them  to  subscribe  liberally  to  the  construction  of  the 
Hannibal  &  St.  Joseph  road,  and  in  all  matters  of  public 
enterprise  was  ardent  and  enthusiastic. 

In  1 86 1  he  was  elected  to  the  Constitutional  Convention, 
and  became  one  of  the  most  active  members  of  that  body. 


43^  BENCH  AND  BAR   OF  MISSOURI. 

He  espoused  the  cause  of  the  Union,  but  his  conservative 
poHcy  did  not  please  the  extremists  of  either  party.  Some 
of  his  speeches  deHvered  during  the  sessions  of  the  Con- 
vention were  highly  spoken  of  as  forensic  efforts.  He  was 
very  tall  and  commanding  —  considerably  over  six  feet  —  and 
had  an  easy  and  flowing  delivery,  a  clear  and  distinct  enun- 
ciation. We  heard  him  on  several  occasions  when  the  Con- 
vention was  holding  its  sessions  in  the  hall  of  the  Mercantile 
Library  at  St.  Louis,  then  the  largest  room  in  the  state,  and 
though  not  well  adapted  to  the  sound  of  the  human  voice, 
yet  every  word  uttered  by  Judge  Birch  could  be  distinctly 
heard  in  the  remotest  part  of  the  room. 

To  enable  the  reader  to  form  some  idea  of  Judge  Birch's 
ready  command  of  language  and  his  facility  of  expression, 
we  give  an  extract  from  one  of  his  speeches  delivered  soon 
after  the  assembling  of  the  Convention  : 

"  It  is  brought  forward  as  the  crowning  element  wherewith  to  dispirit  us  that 
the  Northern  people  have  at  last  elected  a  sectional  candidate  upon  a  sectional 
platform,  and  that  we  have  no  reason  to  hope  that  they  will  change  their  ver- 
dict. 

"I  scarcely  know  how  to  address  myself  to  a  proposition  of  that  kind,  and 
will  hence  simply  present  such  counteracting  facts  as  may  present  themselves 
to  my  mind,  and  will  leave  the  Convention,  when  they  retire,  to  reflect  upon 
what  I  have  thus  desultorily  thrown  together,  and  put  the  disjointed  fragments 
into  the  proper  connections  of  a  speech. 

"  IMy  purpose  will  be  to  array  the  authority  of  the  men  of  the  North  against  the 
/(7/?V?Vza«^  of  the  South  ■ — it  being  the /^(7//d' of  that  section  whom  it  will  be 
our  duty  to  address  in  the  name  and  by  the  authority  of  the  people  of  our  own 
section.  To  the  alleged  declaration  of  Mr,  Sumner,  therefore,  whose  authority  has 
been  invoked  by  the  despondent  and  treacherous  amongst  us,  that  the  Critten- 
den propositions  were  an  insult  to  Massachusetts  —  to  this  insolent  and  summary 
disposition  of  the  propositions  of  the  senior  senator,  whom  it  is  the  intention  of 
our  resolve  to  honor  —  it  is  deemed  sufficient  to  reply  that,  whilst  the  senator 
from  Boston  was  thus  speaking  for  the  edification  of  disunionists.  North  and 
South,  the /(?^//tf  of  Boston,  14,000  out  of  18,000,  were  signing  and  transmitting 
a  memorial  to  Congress,  wrapped  in  the  American  flag,  praying  the  frater- 
nal adjustment  of  all  our  complications  upon  the  basis  of  the  Crittenden  propo- 
sitions. I  speak  in  presence  of  our  returned  congressmen,  who  honor  us  with 
their  presence  to-day,  and  they  will  correct  me  if  I  have  fallen  into  any  error  in 
the  statement  I  have  thus   re])eated. 

"If  it  be  true,  then,  that  even  in  fLinatical  Boston  —  the  home  of  Suniner  — 
three-fourths  of  the  people  are  opposed  to  the  extreme  opinions  andfiu-poses  of 


JAMES  H.  BIRCH.  439 

Sumner,  when  brought  practically  in  contact  with  the  great  purpose  of  preserv- 
ing the  Union  upon  the  basis  suggested  by  the  senator  from  Kentucky,  how  da7-e 
we  draw  the  inference  that  the  Northern  people  are  determined  to  hold  us  to 
their  Northern  platform,  Union  or  no  Union  ?  I  therefore  appeal  from  Sum- 
ner to  Sumner's  constituents  —  from  tlie  men  who  disgrace  the  Senate  carpet  to 
the  men  who  honor  the  furrow  and  the  work-shops;  and,  taking  hopes  accord- 
ingly, I  proclaim  myself  'a  Union  man,'  because  I  have  an  abiding  confidence 
that  such  adjustments  of  the  past,  and  such  guaranties  for  the  future,  as  will 
enable  us  to  plow  and  to  sleep  as  securely  and  enjoyingly  as  our  brethren  of 
the  North  do,  will  be  accorded  to  us  under  the  forms  of  the  Constitution  and 
the  sanction  of  the  laws.     *     *     * 

"  It  is  upon  that  reliance,  I  repeat,  that  I  am  'a  Union  man,'  and  that,  al- 
though Southern  —  'to  the  manor  born  and  to  the  manor  bred'  —  a  native 
of  Virginia,  educated  into  manhood  in  Kentucky,  and  having  worn  out  that 
manhood  in  Missouri,  neither  my  education  nor  my  observation  has  been 
such  as  to  cause  me  to  abandon  my  reliance  upon  the  ultimate  justice  of  any 
portion  of  my  countrymen.  North  or  South." 


Luke  E.  Lawless. 

Of  this  able  and  erratic  lawyer  and  jurist  we  have  sought 
information  from  every  source  most  likely  to  furnish  it,  and 
yet  we  are  forced  to  confess  that  our  material  for  a  history 
of  his  life  is  very  meager  and  unsatisfactory.  We  met  him 
a  few  times  while  he  was  on  the  bench  of  the  St.  Louis  Cir- 
cuit Court,  but  our  acquaintance  was  only  such  as  would  or- 
dinarily arise  from  a  casual  introduction.  While  he  was  well 
known  throughout  the  state  as  a  very  prominent  member  of 
the  St.  Louis  bar,  few  indeed  were  on  terms  of  intimacy  with 
him,  for  he  was  very  reserved  in  his  intercourse  with  others, 
and  never  mixed  with  the  people,  and  but  little  with  even 
those  who  belonged  to  his  own  profession. 

He  was  born  in  Dublin,  Ireland,  in  1781,  and  graduated 
with  honor  at  the  Dublin  University;  took  an  active  part  in 
the  Revolution  of  1798,  and,  by  reason  of  his  hostility  and 
aversion  to  the  English  government,  volunteered  in  the  army 
of  Napoleon,  and  served  with  him  throughout  the  Peninsular 
War,  reaching  the  rank  of  colonel.  It  is  well  known  that 
the  emperor  obtained  most  of  his  marshals  and  officers  from 
the  ranks  of  his  army,  and  selected  them  by  reason  of  their 
gallantry  and  courage  displayed  upon  the  field  of  battle  — 
hence  the  fact  that  Colonel  Lawless,  though  a  foreigner,  held 
so  high  a  rank  in  the  French  army  is  the  best  evidence  of 
his  skill  and  bravery  as  a  soldier.  Upon  the  return  of 
Napoleon  from  Elba,  Colonel  Lawless  delivered  the  con- 
gratulatory address  of  his  regiment.  In  several  battles  he 
was  severely  wounded,  the  marks  of  which  accompanied  him 
to  his  grave. 

Upon  the  close  of  the  war  he  settled  in  France ;  married  a 
French  lady,  and  practiced  law  there  for  about  fifteen  years ; 
became  engaged  in  a  duel  and  was  wounded  in  the  leg,  and 
always  afterwards  walked  lame. 


LUKE  E.  LAWLESS.  44 1 

About  1824  he  immigrated  to  the  United  States  and  took 
up  his  residence  in  St.  Louis,  where  he  practiced  law,  except 
during  the  interval  he  was  on  the  bench,  until  his  death,  in 
1846,  at  the  age  of  sixty-five.  He  left  no  children  to  inherit 
his  name.      His  widow  died  afterwards  in  Carondelet. 

In  1837  or  1838,  upon  the  resignation  of  Judge  William 
C.  Carr,  he  was  appointed  judge  of  the  St.  Louis  Circuit 
Court,  and  held  the  position  three  years,  when  he  returned 
to  the  bar. 

Judge  Lawless  was  about  five  feet  ten  in  height,  slender 
in  form,  with  large  and  prominent  features.  He  had  a  mili- 
tary bearing,  and  was  very  dignified  in  his  manners. 

He  was  an  accomplished  scholar  and  fine  linguist  —  spoke 
the  French,  German,  and  Spanish  languages  with  great  flu- 
ency, and  throughout  life  was  a  close,  diligent  student.  He 
was  thoroughly  read  in  the  profession,  and  had  mastered 
both  the  civil  and  common  law.  He  was  an  adept  in  logic, 
and  few  excelled  him  in  the  argument  of  an  abstruse  legal 
problem.      His  power  of  judicial  analysis  was  remarkable. 

At  the  bar  he  ranked  with  such  men  as  Geyer,  Gamble, 
Bates,  Darby,  and  Spalding.  Like  Bates,  Primm,  and  John 
Scott,  he  always  carried  with  him  into  the  court-room  a  large 
green  bag,  in  imitation  of  the  Irish  and  English  barristers. 
He  was  not  an  orator,  but  a  pungent  and  impressive  speaker, 
never  indulging  in  boisterous  or  vehement  declamation. 
Irony,  sarcasm,  and  wit  were  his  weapons,  and  he  used  them 
with  an  unsparing  hand.  He  was  at  times  very  good  at 
repartee.  Upon  one  occasion  he  was  arguing  a  question  of 
law  in  the  United  States  Court,  before  Judge  Catron,  and 
quoted  a  decision  of  the  Supreme  Court  of  Missouri,  when 
Judge  Catron  interrupted  him  by  saying: 

"  I  presume,  Colonel  Lawless,  you  are  aware  that  the  Su- 
preme Court  of  Missouri  has  been  reversed  by  the  Supreme 
Court  of  the  United  States."  "Yes,"  said  Lawless,  "I  am 
aware  of  that,  and  if  there  was  any  tribunal  that  had  the 
power,  they  would  reverse  the  Supreme  Court  of  the  United 
States." 


442  BENCH  AND  BAR   OF  MISSOURI. 

The  happy  retort  brought  a  smile  upon  the  face  of  Judge 
Catron. 

The  most  important  event  in  Judge  Lawless'  professional 
life  is  connected  with  the  impeachment  before  the  United 
States  Senate  of  James  A.  Peck,  a  Federal  judge  in  Mis- 
souri. 

In  April,  1826,  there  appeared  in  the  Missouri  Advocate 
and  St.  Louis  E7iquirer  a  communication  over  the  signature 
of  "  A  Citizen,"  a  criticism  upon  a  decision  of  Judge  Peck 
relating  to  certain  Missouri  land  titles.  The  criticism  was 
couched  in  respectful  language,  but  Judge  Peck,  thinking  it 
was  calculated  to  bring  the  decisions  of  the  court  into  disre- 
pute, caused  a  rule  to  be  served  upon  the  proprietor  of  the 
paper  to  show  cause  why  an  attachment  should  not  issue 
against  him  for  contempt  of  court,  etc.  The  proprietor,  in 
his  answer,  denied  that  the  statement  was  false  or  indeco- 
rous, or  that  he  had  any  intention  of  bringing  odium  upon 
the  court,  and  concluded  by  giving  the  name  of  Colonel  Law- 
less as  the  author. 

An  order  was  then  made  on  Lawless  to  show  cause,  etc. 
He  replied,  denying  the  jurisdiction  of  the  court,  as  an  ap- 
peal had  been  taken  in  the  case  in  which  the  decision  had 
been  rendered.  He  also  alleged  that  the  object  of  the  pub- 
lication was  to  counteract  the  effect  that  the  decision  of  the 
court  was  calculated  to  produce  on  the  value  of  the  uncon- 
firmed Spanish  and  French  land  titles.  The  rule  was  made 
absolute,  and  the  court  sentenced  Colonel  Lawless  to  twenty- 
four  hours'  imprisonment,  and  suspended  him  from  the  prac- 
tice for  eighteen  months. 

Colonel  Lawless  sent  a  memorial  to  the  House  of  Repre- 
sentatives at  Washington,  and  articles  of  impeachment  were 
preferred  against  Judge  Peck,  charging  him  with  usurpa- 
tion of  power,  tyranny,  and  oppression.  The  trial  took  place 
before  the  United  States  Senate,  and  was  the  most  celebrated 
trial  of  the  kind  ever  had  before  that  body.  The  most  emi- 
nent lawyers  in  the  country  appeared  in  the  case,  and,  after 
the  close  of  the  evidence,  over  a  week  was  occupied  in  the 


LUKE  E.  LAWLESS.  443 

summing-up  of  the  evidence,  and  discussing  the  powers  of  a 
court  in  inflicting  punishment  for  a  supposed  contempt. 
All  the  law  that  was  ever  promulgated  upon  that  subject, 
both  in  England  and  in  this  country,  was  collated  by  Judge 
Lawless,  and  by  him  furnished  the  managers.  Nearly  all  the 
pleadings  upon  the  part  of  the  government  were  drawn  by 
him,  and  he  displayed  a  most  masterly  knowledge  of  the  law 
of  the  case. 

The  accused  was  acquitted  by  a  very  close  vote,  some  of 
the  most  eminent  lawyers  in  the  Senate  voting  for  convic- 
tion. More  of  the  particulars  of  the  trial  will  be  found  in 
our  memoir  of  Judge  Peck. 

One  of  the  peculiarities  of  Judge  Lawless  was  absent- 
mindedness.  In  going  home  from  court  he  would  fre- 
quently walk  several  squares  beyond  his  house,  and  not 
discover  his  mistake  until  he  met  some  acquaintance  who 
would  inquire  where  he  was  going.  In  shopping  with 
Madam  Lawless,  if  his  attention  was  drawn  to  anything  of 
interest  passing  on  the  street,  he  would  sometimes  walk  off 
and  forget  where  he  had  left  her.  Not  unfrequently  he 
w^ould  leave  home  without  a  hat,  and  not  be  sensible  of  it 
until  some  one  reminded  him  of  it.  When  invited  out  to 
dinner  he  seldom  could  recollect  the  hour,  and  often 
appeared  either  too  early  or  too  late. 

His  fondness  for  potatoes  was  proverbial.  If  he  put  up  at 
a  hotel  and  found  no  potatoes  on  the  table,  he  would  give 
the  landlord  a  good  round  cursing.  He  had  them  on  his 
own  table  three  times  a  day,  and  was  often  heard  to  say  that 
a  table  without  them  was  no  fit  place  for  a  gentleman  to 
cross  his  legs  under. 

He  had  a  fine  fund  of  humor  —  was  fond  of  a  good  anec- 
dote, and  enjoyed  a  joke  upon  himself  as  well  as  upon 
others.  There  was  one,  however,  that  he  did  not  particu- 
larly relish.  While  Dr.  Robert  Simpson  was  sheriff  of  the 
county.  Colonel  Lawless  remarked  in  court  that  the  sheriff 
had  used  no  exertion  to  subpoena  his  witnesses  in  a  case. 
The  sheriff  took  offense  at  this,  and  after  the  adjournment 
of  the    court   attacked    Lawless,   when   the   latter,  who   was 


444  BENCH  AND  BAR   OF  MISSOURI. 

much  larger  and  stouter  than  the  little  officer,  knocked  him 
down  and  gave  him  a  severe  whipping.  While  pommeling 
the  doctor,  Judge  Carr  came  out  and  took  Lawless  off  of  him, 
and  commanded  the  peace.  At  the  opening  of  the  court  in 
the  afternoon,  the  little,  witty  sheriff,  with  blackened  eyes, 
and  bleeding  profusely,  rose  and  apologized  to  the  court  for 
his  conduct,  saying  he  was  only  cJiiistising  the  big  Inshman 
for  his  impudence  in  court. 

By  reference  to  our  sketch  of  Colonel  Benton  it  will  be 
seen  that  Judge  Lawless  acted  as  Benton's  second  in  the 
unfortunate  duel  between  him  and  Charles  Lucas. 

Since  writing  the  above  we  have  been  furnished  with  a 
copy  of  TJie  Nation,  a  paper  published  in  Dublin,  Ireland. 
It  bears  date  November  7,  1846,  and  contains  a  notice  of  the 
death  of  Colonel  Lawless.  It  furnishes  the  best  history  of 
the  professional  and  military  life  of  this  distinguished  man 
that  we  have  seen,  and  hence  we  give  the  extract  verbatim  : 

"  We  have  this  day  to  record  the  death  of  the  Hon.  Luke  Edward  Lawless, 
late  judge  of  the  Circuit  Court  of  Missouri,  in  the  United  States.  The  de- 
ceased was  the  second  son  of  the  late  Philip  Lawless,  of  Warren  Mount,  in 
the  county  of  Dublin,  and  grandson  of  the  late  John  Lawless,  of  Shankill 
Castle,  in  the  same  county,  Esq.  He  was  born  in  1781,  and  at  an  early  age 
entered  the  British  navy,  in  which  service  he  continued  until  after  the  peace  of 
Amiens,  serving  successively  with  Captain  Beauman,  Captain  Downmar,  and 
Sir  Sidney  Smith.  On  his  return  to  Dublin,  in  1802,  he  at  once  commenced  to 
keep  his  terms  for  the  purpose  of  going  to  the  bar;  to  which  profession  he 
was  accordingly  called  in  Michaelmas  term,  1805.  Here  he  was  quickly  dis- 
tinguished, and  was  already  commencing  a  career  equally  honorable  and  lucra- 
tive, w^hen  his  mind,  like  that  of  many  another  man  at  the  same  period,  became 
filled  with  disgust  at  the  unmerited  humility  of  the  position  beyond  which  he 
and  his  fellow-Roman  Catholics  were,  by  the  restriction  laws  then  in  force, 
forbidden  to  aspire,  and  with  the  belief  that  the  obstacles  presented  by  those 
laws  to  the  rise  of  a  Roman  Catholic  at  the  bar  in  Ireland  to  the  higher  sta- 
tions in  the  profession  were,  and  would  continue  to  be,  insuperable.  Actuated 
by  those  feelings,  but  contrary  to  the  wish  of  his  friends,  he,  in  1810,  left  his 
native  country,  and  passing  over  to  France  was  easily  induced  to  enter  the 
French,  service,  under  the  immediate  command  of  his  paternal  uncle.  General 
William  Lawless.  In  this,  as  in  his  former  profession,  he  soon  became  dis- 
tinguished ;  and  having  for  some  time  acted  in  the  capacity  of  military  secretary 
(for  which  position  an  almost  universal  knowledge  of  modern  languages  suffi- 
ciently qualified  him)  to  the  Due  de  Feltre,  he  was  finally  promoted  to  the  rank 
of  colonel.     On  the  return  of  Napoleon  from  Elba,  Luke  Lawless  composed 


LUKE  E.  LAWLESS.  445 

and  read  the  address  of  congratulation  from  his  regiment  to  the  emperor. 
The  final  defeat  of  Napoleon,  in  1815,  compelled  him  once  more  to  seek  a 
new  field  for  his  exertions;  and  the  love  of  republican  institutions,  at  that 
time  shared  in  by  many  of  his  countrymen,  induced  him  to  select  the  United 
States  of  America  as  his  future  home.  He  here  adopted  his  former  profes- 
sion of  a  lawyer,  and  his  talents  and  extensive  learning  quickly  acquired  for 
him  a  distinguished  reputation.  After  some  years  of  most  successful  practice 
he  was  raised  to  the  bench,  and  devoted  to  the  service  of  the  country  of  his 
adoption  an  ability  and  zeal  which  the  bigoted  principles  of  the  existing  laws 
prevented,  in  his  case  as  in  many  others,  from  being  available  on  behalf  of  his 
native  land.  Having  for  many  years  discharged  the  duties  of  his  high  office 
with  credit  to  himself  and  the  country  of  his  birth,  and  satisfaction  to  that  whose 
government  thought  him  worthy  of  employment  in  their  service,  the  honorable 
and  learned  gentleman  departed  this  life  on  the  12th  of  September  last,  at  St. 
Louis,  in  the  state  of  Missouri.  The  bar  of  St.  Louis  have,  in  an  unusual 
manner,  as  appears  by  a  report  of  their  proceedings  on  the  14th  of  September, 
which  we  subjoin,  testified  their  admiration  and  respect  for  him  as  a  judge,  and 
their  cordial  affection  for  him  as  a  brother  barrister: 

"  '  At  a  meeting  of  the  St.  Louis  bar,  held  at  the  court-house,  on  the  14th  of 
September,  Nathaniel  Holmes,  Esq.,  called  the  meeting  to  order;  and,  on  his 
motion.  Judge  Mullanphy  was  called  to  the  chair. 

"'On  the  motion  of  Thomas  T.  Gantt,  Esq.,  Alexander  Hamilton  was  ap- 
pointed secretary. 

"  '  On  taking  the  chair.  Judge  Mullanphy  stated  the  object  of  the  meeting  to 
be  to  pay  honorable  respect  to  the  memory  of  the  Hon.  Luke  E.  Lawless,  one 
of  the  oldest  and  most  eminent  of  the  profession ;  giving  a  historical  detail  of 
some  of  the  prominent  events  of  his  life,  and  paying  a  high  compliment  to  his 
talents,  learning,  and  professional  ability. 

"  '  Louis  V.  Bogy,  Esq.,  moved  that  a  committee  of  five  be  appointed  to 
prepare  resolutions  expressive  of  the  sentiments  of  the  meeting;  which  pre- 
vailing, the  chair  appointed  on  said  committee  the  following  gentlemen,  viz., 
Louis  V.  Bogy,  Edward  Bates,  Alexander  Hamilton,  Thomas  T.  Gantt,  and 
WiUiam  M.  Campbell,  who  retired;  and  having  returned,  Mr.  Hamilton  pi-e- 
sented  and  read  the  following  preamble  and  resolutions,  which  were  unani- 
mously adopted  : 

"'Whereas  it  has  pleased  Almighty  God,  in  tiie  mysterious  dispensation  of 
His  providence,  to  remove  from  our  midst  our  late  brother  and  friend,  the  Hon. 
Luke  Edward  Lawless ;  and  whereas  some  tribute  of  respect  to  the  memory  of 
the  deceased  is  justly  due  from  surviving  members  of  the  profession;   therefore 

"  ^Resolved,  That  the  members  of  the  bar  of  the  city  are  most  seriously  im- 
pressed with  the  solemn  and  afflictive  dispensation  by  which  one  of  the  oldest 
and  most  distinguished  of  our  number  has  been  so  suddenly  taken  from  us. 
Whether  we  regard  the  deceased  in  the  capacity  of  the  able  and  experienced 
advocate,  or  in  the  more  exalted  character  of  the  enlightened,  upright,  and  fear- 
less judge,  his  memory  claims  our  admiration  and  respect.  His  tastes  and 
attainments  in  literature  rivaled  his  professional  merits.  Gifted  in  intellect,  of 
the  highest  culture,  steady  in    his  attachments,  of  kindly   disposition,  and  with 


446  BENCH  AND  BAR    OF  MISSOURI. 

an  instinctive  relish  for  all  that  was  elegant  and  refined,  he  was  happily  adapted 
to  teach  and  delight,  in  that  polished  society  of  which  he  was  the  chief  orna- 
ment. Born  of  a  parentage  respectable  in  every  walk  of  life,  and  one  of  a 
family  distinguished  for  their  ardent  attachment  and  services  to  the  cause  of 
republican  freedom,  from  his  earliest  manhood  he  exhibited,  with  the  most 
hearty  devotion  of  his  energies,  a  patriotism  the  most  comprehensive  and  un- 
compromising. His  accomplished  mind,  observant  of  all  the  events,  characters, 
and  opinions  of  the  day,  both  in  this  country  and  in  I'.urope,  was  peculiarly 
(|ualified  to  counsel  and  instruct  on  those  and  kindred  topics.  Whilst,  there- 
fore, we  fully  appreciate  the  loss  both  we  and  the  community  have  sustained  in 
his  death,  to  us  the  solace  remains,  on  looking  back  on  his  closed  career,  that 
his  name  takes  its  indefeasible  rank  amongst  the  brightest  and  most  gifted  of 
the  profession. 

"  ^Resolved,  That  in  further  testimony  of  our  respect  for  the  memory  of  the 
deceased,  we  will  wear  the  usual  badge  of  mourning  for  the  space  of  thirty 
days. 

''  '■  Resoh'ed,  That  Messrs.  Bates  and  Leslie  be  appointed  to  move  the  honor- 
aide  the  Circuit  Court,  the  Court  of  Common  Pleas,  and  the  Criminal  Court 
of  this  county,  the  Supreme  Court  of  the  state,  and  the  Circuit  Court  of  the 
United  States  for  this  district,  that  the  proceedings  of  this  meeting  be  entered 
on  their  minutes. 

'■^  •  Resolved,  That  the  secretary  of  this  meeting  be  charged  with  the  duty  of 
conveying  to  the  widow  of  the  deceased  a  copy  of  these  resolutions,  accom- 
panied by  the  expression  of  our  sincere  condolence  in  her  distressing  bereave- 
ment. 

"'On  the  motion  of  Charles  C.  Whittelsey,  Esq.,  it  was 

"  '  Resolved,  That  the  proceedings  of  this  meeting  be  published  in  all  the 
])ul)lic  papers  of  this  city. 

"'Bryan   Mullanphy,  Chairman. 

"  "  A.  Ha.milton,  Secretary.''  "  * 

Colonel  Lavvles.s  would  sometimes  indulge  in  strokes  of  the 
keenest  wit  emd  in  the  wisest  sayings.  We  recall  one  or  two 
instances.  When  asked  what  he  thought  was  the  origin  of 
democracy,  he  quickly  answered,  "  The  principles  of  democ- 
racy originated  with  the  Star  of  Bethlehem." 

Being  questioned  as  to  his  deportment  on  a  certain  occa- 
sion when  there  was   an  adverse   ruling  of  the   court   under 

*  At  the  commencement  of  our  late  civil  war  The  Nation  said,  in  substance: 
"  Why,  here  is  a  strange  spectacle  presented  to  the  civilized  world  by  our  brethren 
on  the  other  side  of  the  Atlantic,  who  are  dix-ided  in  ojiinion  as  to  the  scope 
and  meaning  of  their  national  charter,  the  [leople  both  North  and  South  follow- 
ing the  teachings  of  their  fathers;  and  yet  they  propose  to  solve  the  question 
by  cutting  each  others'  throats." 


LUKE  E.  LAWLESS.  447 

circumstances  calculated  to  disturb  a  more  gentle  disposition, 
he  remarked,  "  When  your  head  is  under  an  ass'  heels  there 
is  but  one  thing  to  be  done  —  that  is,  to  lie  perfectly  still." 

Returning  in  high  spirits  from  a  visit  to  Niagara,  and  inter- 
rogated as  to  his  impressions,  he  playfully  remarked,  "  I  could 
not  help  thinking  on  my  way  home  that  in  the  next  world 
every  American  would  be  asked  whether  he  had  ever  seen 
the  great  cataract,  and  if  he  said  no,  a  speedy  sentence 
would  await  him  —  '  Go  down  to  purgatory.'  " 


PETER    B.    MCCORD. 

In  1848  we  made  a  successful  canvass  for  Congress  in  the 
then  Second  District  of  Missouri.  While  filling  an  appoint- 
ment to  address  the  people  of  Osage  County,  at  Linn,  we 
met  the  above-named  gentleman,  who  was  a  resident  lawyer 
at  that  place,  and  he  impressed  us  favorably  as  a  modest,  un- 
assuming, agreeable  gentleman.  A  better  acquaintance  not 
only  confirmed  our  impression  of  him,  but  we  soon  learned 
that  he  was  a  lawyer  who  had  studied  his  profession  well. 
Mr.  McCord  was  born  at  Harrisburg,  Pennsylvania,  January 
8,  1818,  received  a  liberal  education,  and  pursued  his  legal 
studies  in  the  office  of  Ovid  F.  Johnson,  of  Philadelphia.  In 
1839  he  was  admitted  to  the  bar,  and  during  the  same  year 
married  Miss  Mary  Josephine  Rhey,  of  Ebensburg,  Pennsyl- 
vania. After  practicing  in  Pennsylvania  about  five  years,  he 
moved,  in  the  spring  of  1844,  to  Missouri,  and  first  settled  in 
Callaway  County,  but  during  the  following  year  made  a  per- 
manent location  at  Linn,  in  Osage  County.  There  were  but 
two  resident  lawyers  at  the  place,  but  the  bar  of  Jefferson 
City  generally  attended  the  Osage  court,  for  Osage  was  in 
the  Cole  Circuit,  and  the  attorney-general  of  the  state  was, 
ex  officio,  prosecuting  attorney.  There  was  nothing  to  pre- 
vent Mr.  McCord  from  occupying  an  exalted  position  at  the 
bar  but  his  extreme  diffidence  and  modesty,  a  quality  rather 
rare  in  the  profession,  yet  very  commendable  if  not  carried 
to  excess.  In  Mr.  McCord's  case  it  engendered  a  want  of 
confidence  in  himself,  which  destroyed  his  efficiency  as  a 
court  lawyer  and  advocate.  He  never  would  take  upon  him- 
self the  management  of  a  case  of  any  importance,  and 
invariably  called  in  assistant  counsel.  This  natural  diffi- 
dence kept  him  out  of  public  life,  and  made  him  decline  the 
appeals  of  his  friends  who  frequently  urged  him  to  become  a 
candidate  for  the  Legislature.     In  1874,  however,  his  friends, 


PETER  B.  RrCORD.  449 

persuaded  of  his  knowledge  of  the  law,  succeeded  in  getting 
his  name  before  the  people  as  a  candidate  for  judge  of  the 
Ninth  Judicial  Circuit,  and  he  was  elected  by  a  handsome 
majority,  but  before  the  time  arrived  for  commencing  the 
spring  term  of  his  courts  he  died  at  Linn.  This  occurred 
January  2,  1875.  He  left  a  wife  and  one  son  —  the  latter  is 
at   this   time   clerk  of  the   Circuit   Court  of  Osage    County. 

Mr,  McCord  was  a  man  of  fine  impulses,  generous  dis- 
position, unimpeachable  character,  and  very  sensitive  and 
conscientious. 

In  1864  United  States  Senator  Ramsey,  of  Iowa,  who  was 
his  classmate,  offered  to  procure  for  him  the  appointment  of 
United  States  District  Judge,  which  he  declined,  assigning 
as  a  reason  that,  being  a  Democrat,  he  could  not  consistently 
with  his  sense  of  propriety  accept  an  appointment  from  a 
Republican  administration. 
29 


N.   B.   HOLDEN. 

Of  the  parentage  and  place  of  nativity  of  Mr.  Holden  we 
have  no  information  whatever,  though  we  have  a  vague  im- 
pression that  he  was  a  Tennesseean.  We  served  with  him 
in  the  Missouri  Legislature  in  1846.  He  had  but  little  edu- 
cation or  refinement,  and  was  very  unprepossessing  in  ap- 
pearance. 

He  must  have  commenced  the  practice  in  Missouri  as 
early  as  1840.  He  never  acquired  much  reputation  as  a  law- 
yer, though  he  was  industrious  and  energetic.  If  we  mistake 
not,  he  was  at  one  time  land  agent  or  local  attorney  for  the 
Pacific  Railroad  Company,  and  afterwards  receiver  of  public 
money  at  Warsaw.  As  a  speaker  he  was  not  wanting  in  flu- 
ency or  sprightliness,  but  in  his  gesticulations  he  was  awk- 
ward and  ungainly.  His  head  was  constantly  in  motion,  as 
though  on  a  pivot,  and  he  threw  it  about  in  every  conceivable 
attitude.  He  had  not  been  in  the  Legislature  more  than  ten 
days  before  he  became  unpopular  by  incessant  speaking,  and 
interfering  with  the  local  bills  of  members.  He  had  the  van- 
ity to  suppose  that  the  House  could  not  vote  intelligently 
upon  any  question  without  first  hearing  his  views.  He  prided 
himself  upon  his  unterrified  Democracy,  and  incurred  the  ill- 
will  of  the  opposition  members  by  his  denunciations  of  their 
party.  This  is  an  error  that  young  members  of  legislative 
bodies  too  frequently  commit,  and  it  invariably  ends  in  mak- 
ing them  odious. 

Mr.  Holden  was  regarded  as  a  man  of  integrity,  and  sus- 
tained a  good  moral  character.  He  has  been  dead  several 
years. 


Richard  F.  Richmond. 

This  popular  and  eloquent  lawyer  was  a  native  of  Ken- 
tucky—  born  in  Franklin  County  about  the  year  i8iO. 
His  father,  who  was  of  English  and  French  descent,  was 
from  Massachusetts,  raised  a  mechanic,  and  carried  on,  at 
Chelsea,  a  large  business  as  manufacturer  of  hemp  and  ship- 
cordage.  His  mother  was  from  North  Carolina,  and  of 
Scotch  descent.  Richard  followed  the  occupation  of  his 
father,  and  at  the  age  of  eighteen  obtained  the  credit  of 
being  the  best  rope-maker  in  Kentucky,  except  his  father. 
He  was  one  of  eleven  children,  being  the  second  child,  and 
boasted  that  he  was  one  of  four  brothers,  who  lived  to  reach 
maturity,  who  measured  together  twenty-five  feet  in  height, 
he  being  six  feet  and  two  inches. 

At  an  early  age  he  displayed  a  great  fondness  for  reading, 
and  all  manly  sports,  such  as  hunting,  fishing,  riding,  run- 
ning, and  jumping,  and  few  boys  excelled  him  in  either. 
Discovering  in  their  son  many  promising  traits  of  character, 
his  parents  sent  liim  to  the  best  schools  in  the  neighbor- 
hood, where  he  improved  rapidly  in  his  studies,  and  stood  at 
the  head  of  most  of  his  classes.  During  most  of  the  sum- 
mer he  continued  to  work  at  his  trade,  and  took  much  pride 
in  it.  He  also  took  lessons  in  Latin  and  French  under  the 
tuition  of  a  gentleman  by  the  name  of  O'Hara,  and  a 
clergyman  by  the  name  of  Fall.  At  this  time  he  deter- 
mined to  study  law,  and  became  a  student  in  the  office  of 
Judge  James  S.  Higgin,  at  Frankfort.  He  was  then  about 
twenty-one  years  of  age.  After  studying  with  Judge  Hig- 
gin two  years,  he  entered  the  Transylvania  Law  School,  at 
Lexington,  remained  there  two  years,  and  graduated  in 
March,  1832.  He  then  commenced  the  practice  at  Frank- 
fort in  partnership  with  his  old  instructor,  Judge  Higgin, 
and,  upon  the   death   of  the  latter,  became  associated   with 


452  BENCH  AND  BAR   OF  MISSOURI. 

Benjamin  F.  Hickman,  Esq.,  well  known  throughout  Mis- 
souri as  clerk  of  the  United  States  Supreme  Circuit  and 
District  Courts. 

We  sliould  have  stated  that  Colonel  Richmond,  when  a 
young  man,  manifested  some  partiality  for  a  military  life, 
joined  a  volunteer  company  in  Kentucky,  was  made  its  cap- 
tain, and  afterwards  was  promoted  to  the  office  of  colonel 
of  the  regiment.  In  this  way  he  acquired  his  military  title, 
for  he  was  always  known,  both  in  Kentucky  and  Missouri, 
as  Colonel  Dick  Richmond. 

While  in  Kentucky  he  espoused  the  cause  of  the  Demo- 
cratic party,  became  quite  active  as  a  politician,  and  con- 
tributed many  articles  for  the  Democratic  press.  In  1835  or 
1836  he  went  to  Mississippi  in  company  with  George  B. 
Crittenden,  son  of  the  late  Hon.  John  J.  Crittenden.  They 
formed  a  partnership,  and  opened  an  office  inVicksburg; 
but  a  general  crash  in  all  kinds  of  business  took  place,  and 
Colonel  Richmond  returned  to  Frankfort  and  renewed  his 
practice  there,  and  soon  obtained  a  good  business.  Shortly 
after  his  return  to  Frankfort  he  was  nominated  by  the 
Democratic  party  for  the  Legislature,  in  opposition  to  the 
Whig  nominee,  Hon.  Charles  S.  Morehead,  who  afterwards 
represented  his  district  in  Congress  and  became  governor  of 
the  state. 

Both  Richmond  and  Morehead  being  men  of  fine  talents, 
and  eloquent  speakers,  they  met  on  the  stump,  and  a  most 
able  and  exciting  canvass  followed.  The  Whigs  had  a  ma- 
jority in  the  county,  and  Mr.  Morehead  was  elected  by  a 
small  majority. 

Colonel  Richmond  married  Mrs.  Edmonia  Barton,  widow 
of  John  Barton,  of  Lexington,  and  daughter  of  Wood  Haw- 
kins, of  Frankfort.  She  was  a  lady  of  rare  beauty  and  ac- 
complishments. In  1 84 1  Colonel  Richmond  moved  to 
Hannibal,  Missouri,  where  in  the  year  following  he  lost  his 
wife.  After  her  death  he  seemed  to  lose  all  interest  in  his 
profession,  and  made  no  effort  to  procure  business;  in  fact, 
what  he  did  attend  to  was  almost  forced  upon  him. 

In  1844   we   met   him   in  the   Legislature,  he  representing 


RICHARD  F.  RICHMOND.  453 

Marion  County.  We  soon  became  well  acquainted,  for  at 
the  commencement  of  the  session  we  met  daily  in  private 
consultation  on  the  then  pending  senatorial  election.  It  was 
well  known  that  some  of  the  leaders  of  the  Democratic  party, 
who  had  become  disaffected  towards  Colonel  Benton,  had 
formed  a  secret  plan  to  defeat  his  election;  but,  unfortunately 
for  their  purpose,  there  were  two  senators  to  elect,  one  for 
the  vacancy  occasioned  by  the  death  of  Dr.  Linn,  and  the 
other  for  a  full  term.  General  David  R.  Atchison  had  been 
appointed  by  the  governor  in  Dr.  Linn's  place,  and  was  a 
candidate  for  the  unexpired  term,  and  Colonel  Benton's 
friends  were  urging  him  for  the  long  term.  Although  we  never 
had  any  reason  to  suppose  that  General  Atchison  was  in  any- 
wise known  to  the  conspiracy  to  defeat  Colonel  Benton,  yet  it 
was  well  understood  that  the  most  active  of  the  opponents 
of  Benton  were  the  most  devoted  friends  of  Atchison.  We 
speak  advisedly  when  we  say  that  the  friends  of  Colonel 
Benton  entertained  no  unkind  feeling  towards  General  Atchi- 
son, and  were  not  disposed  to  make  any  opposition  to  his 
election,  for  he  had  made  a  good  senator,  and  his  two  years' 
service  had  given  general  satisfaction  ;  but  the  Benton  men 
in  the  Legislature,  who,  if  not  able  to  elect  their  favorite, 
could  certainly  dictate  his  successor,  were  determined  that 
if  the  friends  of  Atchison  defeated  Benton,  the  former  should 
fall  with  him.  The  Whig  members  had  no  other  interest  in 
the  election  than  to  throw  their  vote  where  it  would  be  most 
likely  to  create  division  in  the  Democratic  ranks.  Caucus 
after  caucus  was  held,  and  Colonel  Richmond  and  the 
author,  who  were  very  active  in  the  support  of  Benton,  were 
in  almost  hourly  consultation,  which  necessarily  brought  us 
in  close  intimacy  at  the  opening  of  the  session.  Without 
going  into  detail,  it  is  sufficient  to  remark  that  the  opposing 
wings  of  the  party  came  to  an  agreement  to  support  both 
gentlemen,  and  the  next  night  a  general  caucus  was  held  in 
the  Senate  Chamber,  and  a  resolution  to  support  both  was 
unanimously  adopted.  It  was  on  this  occasion  that  we  first 
heard  Colonel  Richmond  in  debate,  and  his  speech  in  behalf 


454  BENCH  AND  BAR   OF  MISSOURI. 

of  Colonel  Benton  was  one  of  the  most  eloquent  efforts  that 
ever  fell  from  the  lips  of  man. 

From  that  thiie  he  rose  rapidly  in  public  estimation,  and 
was  regarded  as  one  of  the  most  promising  men  of  the  state. 
At  the  close  of  the  session  he  returned  to  Hannibal,  and  re- 
sumed the  practice  of  his  profession.  He  died  many  years 
ago. 

Of  his  family  we  have  no  knowledge,  except  one  son, 
who  died  from  consumption  while  studying  law  in  the  office 
of  Lackland,  Martin  &  Lackland,  in  St.  Louis.  We  are 
under  the  impression  he  left  no  other  children.  His  brother 
Joel  is  still  engaged  in  the  practice  of  the  law  at  Hannibal. 

Colonel  Richmond  was  very  tall  and  thin,  and  his  figure 
not  much  unlike  Mr.  Clay's.  His  voice  was  clear,  distinct, 
and  musical,  and  his  gesticulation  impressive  and  natural.' 
He  could  raise  or  lower  his  voice  at  will,  and,  when  excited, 
would  sometimes  raise  it  from  a  low  to  a  high  pitch  so  sud- 
denly as  to  produce  a  thrill  in  his  audience.  He  was,  in  fact, 
a  natural-born  orator,  and  if  his  habits  through  life  had  been 
studious,  and  free  from  dissipation,  he  must  have  attained  a 
high  position  as  a  statesman.  But,  unfortunately,  like  most 
men  of  genius  and  free  social  intercourse,  he  contracted  a 
habit  which  greatly  impaired  his  usefulness  and  success  in 
life,  and  brought  him  to  an  untimely  grave.  As  a  wit  and 
humorist.  Colonel   Richmond  had  few  equals. 

At  one  time  he  became  so  intemperate  as  to  cause  much 
anxiety  among  his  friends,  who,  by  a  united  and  persistent 
effort,  succeeded  in  inducing  him  to  sign  the  pledge  and  join 
a  temperance  society.  A  man  of  his  eloquence  could  not 
be  otherwise  than  a  great  acquisition  to  the  cause,  hence  at 
every  meeting  he  was  called  upon  for  a  speech.  For  some 
time  he  managed  to  escape  upon  various  pretexts,  but  at  last 
they  pressed  him  so  hard  that  he  was  forced  to  respond. 
Among  the  many  pernicious  effects  of  hard  drinking,  he 
referred  to  one  which  had  often  struck  him  very  forcibly, 
and  that  was  its  tendency  to  shorten  human  life.  Said  he, 
"  I  knew  a  man   in   Kentuck}'  by  the  name  of  Jacob  Jones, 


RICHARD  F.  RICHMOND.  455 

who  commenced  drinking  at  the  age  of  twenty,  and  was  a 
hard  drinker  through  Hfe,  and  died  at  the  age  of  ninety-seven. 
Now,"  said  he,  "  my  friends,  who  can  say  that,  if  Jacob  had 
Hved  a  sober,  temperate  Hfe,  he  might  not  have  attained  a 
good  old  age!' 

This  was  as  well  calculated  to  disturb  the  usual  theory 
upon  the  subject  of  temperance  as  the  anecdote  told  by  Mr. 
Edwards  upon  Judge  Cady,  of  New  York,  who  was  trying 
a  case  in  one  of  the  northern  circuits. 

A  witness  by  the  name  of  Wood  was  examined,  and  at 
the  close  of  his  testimony  the  judge  expressed  a  desire  to 
ask  him  a  few  questions. 

"  Certainly,"  said  Wood. 

"  How  old  are  you,  Mr.  Wood  ?  " 

"I  am  seventy-six  years  of  age." 

"  May  I  ask  you  what  have  been  your  habits  through  life?  " 

"  My  habits  have  been  very  regular.  I  have  been  very 
temperate.  I  don't  think  I  could  tell  the  different  kinds  of 
liquor  by  their  taste,  for  I  never  drank  intoxicating  liquors. 
I  have  been  in  the  habit  of  retiring  early  at  night,  and  rising 
by  daylight  in  the  morning." 

The  judge,  who  was  noted  for  his  temperance  views,  took 
occasion  to  deliver  a  short  lecture  to  those  in  attendance,  on 
the  blessings  arising  from  habits  of  industry,  method,  and 
especially  of  temperance. 

"You  see  this  man,"  observed  his  honor,  "  at  quite  an 
advanced  age,  in  possession  of  all  his  faculties,  in  good 
health,  and  you  have  heard  the  clear  and  intelligent  manner 
in  which  he  has  given  his  testimony.  Permit  me  to  recom- 
mend him  as  an  example  which  it  might  be  well  for  many  to 
follow." 

The  next  witness  was  also  a  Mr.  Wood,  brother  of  the 
model  temperance  man,  and  who  also  gave  his  testimony  in 
a  clear  and  intelligent  manner.  At  its  close  Judge  Cady 
also  said  to  him  : 

"  If  you  have  no  objection,  Mr.  Wood,  I  would  like  to  ask 
you  a  few  questions  similar  to  those  I  put  to  your  brother." 

"  Certainly." 


456  BENCH  AND  BAR   OF  MISSOURI 

"  How  old  are  you,  Mr.  Wood  ?  " 

"  I  am  seventy-eight  years  of  age ;  two  years  older  than 
my  brother." 

"  What  have  been  your  habits  through  life?" 

"  Well,  judge,  I  can't  say,  as  my  brother  has,  that  I  have 
been  regular  in  my  habits,  or  temperate.  To  tell  you  the 
truth,  judge,  I  have  hardly  seen  a  sober  day.  or  been  to  bed 
sober,  since  I  was  a  boy.  I  have  been  a  hard  drinker  all 
through  life."  [A  loud  laugh  from  the  bar.  at  the  judge's 
expense.] 

"  Well,"  exclaimed  the  judge,  impatiently,  "  I  don't  see  as 
it  makes  any  difference  with  this  Wood,  whether  it  is  wet  or 
dry  !  " 

Another  anecdote  of  Colonel  Richmond  will  illustrate  his 
fondness  for  good  humor.  On  his  way  to  one  of  the  courts 
in  his  circuit  he  fell  in  company  with  General  J.  and  the 
late  Judge  Carty  Wells,  the  former  having  but  a  slight  ac- 
quaintance with  the  colonel,  and  knowing  but  little  of  his 
peculiarities.  About  a  mile  ahead  of  the  party  there  was 
by  the  road-side  a  fine  spring  of  water,  at  which  the  colonel 
had  often  stopped  to  refresh  himself.  He  and  the  general 
belonged  to  different  parties,  and  a  warm  political  discussion 
arose  between  them,  and,  as  they  were  near  the  spring,  a  very 
suitable  place  to  get  rid  of  the  cobwebs  in  one's  throat,  the 
colonel  pretended  to  be  highly  offended  at  a  remark  of  the 
general's,  and  proposed  that  they  should  then  and  there  set- 
tle it  vi  et  arniis.  The  general  was  a  brave  and  magnanimous 
man,  and  denied  any  intention  of  wounding  the  colonel's 
feelings,  and  made  the  proper  amende,  which,  however, 
did  not  satisfy  the  colonel ;  whereupon  the  general  said,  "  If 
nothing  else  but  a  fight  will  satisfy  you,  sir,  we  will  dismount 
and  settle  it  at  once."  Both  hitched  their  horses  to  a  tree, 
took  off  their  coats,  and  approached  each  other  in  a  bellig- 
erent attitude,  when  the  colonel  remarked,  "Stop  a  moment," 
and,  going  to  his  saddle-bags,  took  out  a  quart  flask  filled  with 
genuine  old  bourbon,  and,  presenting  it  to  the  general,  said, 
"  Sir,  yoii  shall  have  the  first  fire." 

Judge  Ezra  Hunt,  of  the  Pike  Circuit,  was  in   the  habit  of 


RICHARD  F.  RICHMOND.  457 

drawing  very  fine  distinctions  respecting  the  meaning  of 
words,  and  while  Colonel  Richmond  was  engaged  in  the  ar- 
gument before  him  of  a  proposition  involving  the  construc- 
tion of  a  statute,  the  judge  remarked  that  no  two  words 
imported  precisely  the  same  thing ;  whereupon  the  colonel 
asked  him  what  was  the  difference  between  rooster  and 
chicken-cock.  The  judge  smilingly  suggested  that,  if  counsel 
would  reduce  his  question  to  writing,  he  would  take  it  under 
advisement. 

We  could  give  other  instances  of  Colonel  Richmond's  wit 
and  humor,  but  these  must  suffice.  He  was  not  only  fond  of 
a  good  anecdote,  but  had  a  happy  faculty  of  telling  them. 
It  has  often  occurred  to  us  that  the  good  humor  which  is 
generally  found  among  members  of  the  legal  profession  fur- 
nishes one  reason  for  their  tendency  to  long  life.  Chief  Jus- 
tice Story  said  that  every  man  ought  to  have  an  hour's  laugh 
per  day,  as  it  materially  assisted  digestion.  He,  however, 
took  to  himself  more  than  that  allowance,  and  never  entered 
a  social  circle  without  telling  a  good  joke,  or  perpetrating  a 
witticism.  He  often  told  the  following  anecdote  upon  Jona- 
than Mason,  a  distinguished  advocate  of  New  England: 

In  the  trial  of  Leveritt,  in  Connecticut,  a  Methodist  preacher, 
charged  with  the  murder  of  a  young  girl,  which  lasted  for 
many  days,  and  excited  a  profound  interest  in  the  United 
States,  the  evidence  was  entirely  circumstantial,  and  there 
was  great  difference  of  opinion  regarding  his  guilt.  A  brother 
preacher  stepped  up  to  the  desk  of  Mason,  just  before  the 
opening  of  the  court,  and  said,  "  Mr.  Mason,  I  had  a  vision 
last  night,  in  which  the  angel  Gabriel  appeared  and  told  me 
Brother  Leveritt  was  not  guilty."  Mason  said,  "  Have  him 
subpoenaed  immediately."  The  table  was  in  a  roar  when 
Story  told  this  anecdote. 

The  Irish  and  Scotch  bars  were  famous  in  this  respect. 
The  witticisms  of  Curran  alone  would  fill  a  good-sized 
volume. 


Benjamin  B.  Dayton. 

This  gentleman  was  but  little  known  outside  of  the  bar,  for 
he  was  very  retired  in  his  habits,  and  devoted  his  whole  time 
to  his  profession.  He  was  born  in  the  western  part  of  New 
York  about  1817,  was  a  graduate  of  Union  College,  studied 
law  with  Addison  Gardner,  Esq.,  a  lawyer  of  considerable 
eminence,  and  about  1838  moved  to  St.  Louis,  and  com- 
menced the  practice  of  the  law  in  partnership  with  Fedinand 
W.  Risk.  Afterwards  he  entered  into  partnership  with 
Henry  S.  Geyer,  which  continued  until  the  latter  was  elected 
to  the  United  States  Senate.  About  1843  or  1844  Mr.  Day- 
ton married  Miss  Mary  Jennings,  of  Philadelphia.  No  chil- 
dren were  born  of  the  marriage,  and  at  his  death,  which  was 
occasioned  by  the  Gasconade  Bridge  disaster,  in  November, 
1855,  his  widow  returned  to  Philadelphia  ;  whether  she  still 
survives  we  are  unable  to  state.  Mr.  Dayton  was  tall,  spare 
made,  and  had  dark  hair  and  complexion,  with  very  uniform 
features.  His  countenance  was  grave,  and  indicated  much 
thought  and  close  study.  He  was  regarded  by  the  profes- 
sion generally  as  a  well-read  and  thorough  lawyer.  We  heard 
him  on  several  occasions  address  the  court  in  the  argument 
of  legal  questions.  His  mind  was  altogether  logical,  and  his 
delivery  graceful  and  easy.  The  firm  of  Geyer  &  Dayton 
did  a  very  large  business,  and  were  retained  in  most  of  the  im- 
portant land  suits.  Mr.  Dayton's  close  attention  to  business 
greatly  impaired  his  health,  which  at  all  times  was  very  deli- 
cate, and  it  is  not  probable  that  he  would  have  lived  long, 
even  if  he  had  been  spared  the  tragic  death  which  so  sud- 
denly terminated  his  life. 

He  never  held,  or  aspired  to,  any  public  position,  his  only 
ambition  being  to  rank  high  as  a  lawyer.      He  was  a  man  of 


BENJAMIN  R.  DAYTON.  459 

most  exemplary  habits,  and  for  many  years  was  vestryman 
in  the  Episcopal  Church.  He  exhibited  much  interest  in  the 
growth  and  advancement  of  St.  Louis,  and  contributed  freely 
to  all  objects  of  charity  and  benevolence.  He  left  a  good 
estate,  but  no  children  to  enjoy  it. 


Philip  L.  Edwards. 

In  1842  the  Democracy  of  Franklin  County,  and  no  incon- 
siderable portion  of  the  Whig  party,  conceived  the  strange 
idea  that  we  might  be  of  some  service  to  the  county  in 
the  General  Assembly  of  the  state,  and  without  any 
solicitation  on  our  part  elected  us  to  a  seat  in  that  body. 
It  was  certainly  a  high  compliment  to  a  young  and  inexpe- 
rienced attorney,  and  though  not  concurring  in  the  wisdom 
of  their  choice,  we  felt  no  disposition  to  make  a  factiotis  re- 
sistance. 

Among  those  who  then  for  the  first  time  took  their  seats  in 
a  deliberative  body  was  the  gentleman  whose  name  is  above. 
He  represented  the  county  of  Ray.  We  made  his  acquaint- 
ance during  the  first  week  of  the  session,  and  found  him  a 
modest,  retiring,  and  unassuming  gentleman,  with  dignified 
manners,  and  a  countenance  indicating  a  high  order  of  intel- 
lect. He  was  tall  and  spare  made,  and  seemed  to  be  labor- 
ing under  much  physical  disability.  Upon  the  first  question 
which  came  before  the  House,  and  which  gave  rise  to  de- 
bate, he  made  a  brief  speech  of  fifteen  or  twenty  minutes, 
which  attracted  much  attention,  not  only  from  his  apparent 
knowledge  of  his  subject,  but  from  his  fine  oratorical  display. 
Upon  several  other  occasions  during  the  session  he  addressed 
the  House,  and  obtained  the  reputation  of  being  one  of  the 
finest  declaimers  in  either  house  of  the  General  Assembly. 
He  spoke  with  great  fluency,  and  his  clear  and  distinct 
enunciation  made  him  readily  heard  from  all  parts  of  the  hall. 
We  never  saw  Mr.  Edwards  after  the  close  of  that  session, 
but  understood  that  he  became  a  prominent  and  successful 
lawyer  in  the  North  Grand  River  country. 

If  we  mistake  not,  he  was  a  native  of  Missouri  and  his 
father  was  a  farmer.  He  received  a  good  English  educa- 
tion, and  was  admitted  to  the  bar  in  the  spring  of  1839,  and 


PHILIP  L.   EDWARDS.  46 1 

commenced  the  practice  in  Richmond,  Ray  County.  Con- 
temporary with  him  was  that  distinguished  jurist,  Hon. 
George  W.  Dunn,  who  now  presides  over  a  judicial  circuit. 
Ray  County  has  always  had  a  strong  bar,  and  embraced  such 
men  as  Austin  A.  King,  George  W.  Dunn,  Ephraim  B.  Ew- 
ing,  and  others  whose  names  do  not  now  occur  to  us.  To 
succeed  among  men  of  such  acknowledged  ability  was  an 
evidence  of  high  professional  skill. 

Mr.  Edwards  married  a  daughter  of  Dr.  Thomas  Allen,  of 
Ray  County,  and  sister  of  Mrs.  Judge  E.  B.  Ewing.  In  1852 
his  health  became  so  feeble  as  to  render  a  change  of  climate 
necessary,  and  he  removed  with  his  family  to  California, 
where  he  devoted  himself  to  his  profession  and  took  rank 
among  the  first  lawyers  of  that  state.  He  died  in  California 
about  1873. 


James  B.  Bowlin. 

Among  the  most  noted  public  men  in  Missouri  at  the  time 
we  came  West  was  James  Butler  Bowlin,  a  native  of  Vir- 
ginia, and  born  near  Fredericksburg,  on  January  i6,  1804. 
His  father  was  also  a  native  of  Virginia,  but  his  mother  was 
born  in  England,  and  came  to  the  United  States  with  her 
parents  when  she  was  a  child.  They  lived  and  died  in 
Alexandria.  After  the  marriage  of  the  child  to  Mr.  Bowlin, 
the  latter  took  up  his  residence  in  Rockingham  County, 
where  James  B.  Bowlin  spent  most  of  his  boyhood. 

Judge  Bowlin  received  an  ordinary  English  education, 
and  before  reaching  his  majority  took  charge  of  a  country 
school  in  the  neighborhood  of  Harrisonburg.  In  August, 
1825,  he  removed  to  Levvisburg,  Greenbrier  County,  where 
he  entered  upon  the  study  of  the  law  with  a  Mr.  Wethered, 
and  on  December  17,  1826,  was  licensed  to  practice. 

In  the  fall  of  1828  he  was  elected  a  member  of  the  State 
Internal  Improvement  Convention,  from  Greenbrier  County, 
having  commenced  the  practice  of  the  law  in  Lewisburg. 
At  this  Convention,  which  met  at  Charlottsville,  he  became 
acquainted  with  many  of  the  most  prominent  men  of  Vir- 
ginia, including  Madison,  Monroe,  and  Marshall,  and  here, 
no  doubt,  was  inspired  with  an  ambition  to  become  a  public 
man,  for  the  next  year  he  became  a  candidate  for  the  Legis- 
lature, and,  although  receiving  an  honorable  vote,  was  de- 
feated. In  1833  he  again  became  a  candidate,  and  was,  no 
doubt,  fairly  elected,  though  the  vote  was "  exceedingly 
close ;  but  the  returning  board,  consisting  of  three  magis- 
trates, being  politically  opposed  to  him,  awarded  the  certifi- 
cate of  election  to  his  opponent,  which  so  discouraged  him 
that  he  determined  to  take  up  his  abode  in  the  far  West, 
and  in  October  of  the  same  year  came  to  St.  Louis  and 
opened  a  law-office,  where  he  had    to    compete  with   such 


JAMES  B.  BOW  LIN.  463 

men  as  Geyer,  Bates,  Gamble,  Spalding,  Lawless,  Darby,  and 
Allen,  men  who  had  already  acquired  distinction  in  the  pro- 
fession. Although  a  stranger,  and  without  means,  he  made 
friends  rapidly,  and  soon  entered  upon  a  fair  practice,  but,  like 
most  young  men  of  that  day,  soon  embarked  in  politics,  and 
established  a  paper  called  the  Far^ners  and  Mechanics  Ad- 
vocate, which  became  the  foundation  of  a  permanent  Demo- 
cratic journal,  and  afterwards  assumed  the  name  of  the 
Missouri  Argus.  While  editing  this  paper  he  was  elected 
chief  clerk  of  the  House  of  Representatives.  After  the  ad- 
journment of  the  Legislature  he  entered  upon  his  practice 
with  renewed  zeal,  but  in  1836  became  a  candidate  for  the 
Legislature,  and  was  the  only  one  elected  on  his  ticket, 
though  there  were  five  other  candidates  running  witli  him. 
In  1837  he  was  appointed  district  attorney  for  St.  Louis,  but 
the  duties  of  the  office  so  much  interfered  with  his  general 
practice  that  he  resigned  it,  and  was  soon  after  appointed 
attorney  for  the  State  Bank.  In  1838  he  again  became  a 
candidate  for  the  State  Legislature,  and  his  entire  ticket  was 
defeated. 

The  accumulation  of  business  in  the  courts  of  St.  Louis 
rendered  it  necessary  to  organize  a  separate  tribunal  for  the 
transaction  of  criminal  business,  and  Mr.  Bowlin  was  elected 
its  judge  by  the  joint  vote  of  the  two  houses  of  the  General 
Assembly,  which  office  he  filled  for  about  six  years.  In 
1842  he  was  elected  to  Congress  from  the  St.  Louis  District, 
and  reelected  for  three  additional  successive  terms,  in  the 
last  of  which  we  became  his  colleague.  In  1854  President 
Polk  appointed  him  minister  resident  to  New  Granada,  and 
in  1858  he  received  from  Mr.  Buchanan  the  appointment  of 
commissioner  to  Paraguay. 

Thus  it  will  be  seen  that  Judge  Bowlin  filled  all  the  public 
positions,  and  enjoyed  all  the  public  honors,  that  any  reason- 
able ambition  could  aspire  to. 

Much  of  Judge  Bowlin's  success  in  life  must  be  attributed 
to  his  fortunate  marriage  with  Miss  Colburn,  a  lady  of  fine 
personal  appearance,  most  attractive  manners,  and  of  the 
highest    order   of   intellect.     In    the    zenith    of   the    judge's 


464  BENCH  AND  BAR   OF  MISSOURT. 

prosperity  his  house  was  a  favorite  resort  of  the  prominent 
men  of  the  state  when  they  visited  the  city,  and  often  have 
we  called  in  to  pass  a  pleasant  hour  when  it  seemed  as  if  she 
was  holding  a  levee.  She  still  lives  to  mourn  his  loss.  The 
judge  died  in  St.  Louis,  July  19,  1874. 

Probably  the  most  important  part  of  Judge  Bowlin's  pro- 
fessional career  was  when  he  presided  as  judge  of  the  Crimi- 
nal Court.  The  city  was  almost  given  up  to  mob-law  and 
violence,  and  murder,  robbery,  and  arson  reigned  supreme. 
At  this  time,  also,  the  trials  of  Darnes  for  the  killing  of 
Davis,  and  Walker  for  the  killing  of  Farr,  came  before  him, 
and  as  the  prisoners,  as  well  as  the  deceased,  came  from  the 
highest  walks  of  life,  the  greatest  excitement  prevailed,  and 
the  court-house  was  daily  crowded  with  the  friends  of  each, 
well  armed  and  ready  for  a  conflict.  It  was  a  trying  time 
for  Judge  Bowlin,  and  required  great  coolness,  nerve,  and 
determination;  but  he  was  equal  to  the  occasion,  and  passed 
the  ordeal  with  great  credit,  and  with  an  increased  reputa- 
tion as  a  jurist. 

Judge  Bowlin  was  a  man  of  untiring  energy,  and,  had  he 
confined  himself  to  his  profession,  would  have  ranked  with 
the  ablest  lawyers  of  the  West ;  but  his  taste  and  ambition 
led  him  into  political  life,  and  the  law  was  too  jealous  a  mis- 
tress to  permit  him  to  divide  his  attentions  between  the  two. 
He  was  a  large,  athletic  man,  capable  of  great  endurance 
and  any  amount  of  mental  labor,  and  when  he  undertook 
anything,  was  very  apt  to  succeed,  particularly  if  energy  and 
tenacity  could  lead  to  success.  As  before  stated,  he  made 
friends  rapidly,  and  always  held  them,  for  lie  was  kind- 
hearted,  benevolent,  and  trusting,  and,  though  an  ardent  and 
active  politician,  never  intentionally  wounded  the  feelings  of 
any  one.  In  Congress  he  was  very  popular,  which  enabled 
him  to  render  valuable  service  to  his  state  and  constituents, 
and,  like  General  Blair,  he  could  carry  almost  any  measure 
which  did  not  involve  a  sacrifice  of  principle  or  party.  In 
his  intercourse  with  the  people  he  was  social,  genial,  and 
pleasant,  and  always  able,  when  running  for  office,  to  secure 
more  than  the  legitimate  strength  of  his  party. 


JAMES  B.  BOW  LIN.  465 

Judge  Bovvlin  was  not  an  orator,  and  never  attempted  any 
display  in  that  field,  yet  was  a  fluent  and  impressive  speaker, 
and  on  the  stump  a  dangerous  man  to  encounter,  as  he  was 
thoroughly  posted  in  political  history,  and  was  always  well 
armed  with   facts  and  figures. 

Judge  Bowlin's  diplomatic  career  in  South  America  was 
attended  with  much  benefit  to  his  government,  particularly  in 
the  advancement  of  our  commercial  relations.  As  an  evi- 
dence of  the  high  estimation  in  which  he  was  held  by  the 
ruling  power  there,  we  mention  the  fact  that  the  president  of 
Paraguay  tendered  him,  as  a  present,  a  beautiful  snuff-box 
studded  with  valuable  diamonds,  estimated  to  be  worth  about 
^4,000,  which  the  judge  had  to  decline,  as  our  ministers  and 
agents  abroad  are  not  permitted  to  receive  gifts  from  foreign 
powers  ;  but  the  donor  was  determined  that  he  should  have 
it,  and  sent  it  to  Washington  to  be  presented  after  the  expira- 
tion of  his  official  service.  It  is  now  held  by  his  widow  as 
a  family  relic,  and  is  placed  in  the  Safe-Depository  of  St, 
Louis  for  safe-keeping. 

Judge  Bowlin  had  but  one  child,  a  daughter,  who  married 
General  Jenkins  of  the  Confederate  army.  They  resided  in 
Western  Virginia,  and  during  the  war  the  judge  spent  most 
of  his  time  there.  He  never  returned  to  the  profession  after 
he  came  from  South  America, 

We  have  in  several  instances  alluded  to  the  custom  of 
holding  bar-meetings  upon  the  death  of  a  member.  These 
are  often  cold,  formal,  and  unfeeling.  But  not  so  in  the  case 
of  Judge  Bowlin,  for  though  he  had  been  declining  in  health 
for  several  years,  and  his  dissolution  had  been  anticipated, 
yet  his  death  brought  together  an  unusually  large  number  of 
the  bar,  embracing  all  the  old  members  who  had  practiced 
with  him,  and  many  of  the  junior  members  who  had  made 
his  acquaintance  late  in  life.  Hon.  L.  V  Bogy,  late  United 
States  senator  for  Missouri,  presided  over  the  meeting,  and 
delivered  a  beautiful  tribute  to  his  memory.  He  was  fol- 
lowed by  Governor  Trusten  Polk,  Hon,  John  F.  Darby,  Hon, 
Sherard  Clemens,  and  others,  who  spoke  in  the  highest  terms 

30 


466  BENCH  AND  BAR   OF  MISSOURI. 

of  the  ability  and  virtues  of  their  deceased  brother.     Among 
the  resolutions  adopted  at  the  meeting  were  the  following : 

^'Resolved,  That,  in  the  death  of  Judge  James  B.  Bowlin,  St.  Louis  has  lost 
one  of  her  best  citizens,  and  Missouri  one  of  her  ablest  and  most  faithful  public 
servants  ;  a  man  whose  life  illuminated  and  illustrated  the  pages  of  our  history 
during  more  than  the  third  of  a  century,  and  whose  acts,  whether  as  public  officer 
or  private  citizen,  were  intimately  associated  with  our  past  progress  and  prosper- 
ity ;  a  man  of  clear  and  discriminating  mind,  noble  aspirations,  and  indomitable 
energy,  who,  whether  in  the  pul)lic  councils  of  the  state  or  nation,  or  as  a  min- 
ister to  foreign  powers,  reflected  equal  honor  upon  himself  and  his  country; 
one  who  was  self-taught,  self-made,  self-reliant,  yet  unselfish  and  public-spirited 
in  his  whole  course ;  in  short,  a  man  who  contjuered  success  in  life  and  won 
an  honorable  place  in  history  by  his  distinguished  power  of  thought  and  action, 
and  tireless  persistence  in  the  labors  of  his  life. 

'■^Resolved,  That  while  the  city  and  state  mourn  the  loss  of  an  able,  honest, 
and  faithful  public  servant,  society  loses  one  of  its  most  worthy  and  distin- 
guished members,  his  immediate  associates  an  ever-honored  and  warmly-cher- 
ished friend,  and  his  relatives  the  one  most  beloved  and  revered  of  all  their 
number. 

'■'■Resolved,  That  while  we  tender  to  the  family  of  the  deceased  our  warm 
sympathies  and  sincere  condolence,  we  bid  them  to  rejoice  with  us  in  the  rec- 
ord of  a  long  and  honorable  career  that  gives  promise  of  a  better  life  beyond." 

We  attended  the  funeral  of  the  deceased,  in  company  with 
a  large  body  of  his  friends,  and  witnessed  the  impressive  ser- 
vices conducted  by  the  Rev.  Dr.  Berkley,  rector  of  St.  Pe- 
ter's Episcopal  Church.  The  remains  were  followed  by  a 
very  long  funeral  cortege  to  Bellefontaine  Cemetery. 


Timothy  Davis. 

It  is  very  questionable  if  there  is  a  person  now  living  who 
has  any  recollection  of  this  gentleman.  He  came  to  Jack- 
son, in  Cape  Girardeau  County,  Missouri,  in  1818,  and 
opened  a  law-office  at  that  place.  He  came  from  Canada, 
or  the  northern  part  of  New  York,  and  was  well  read  in  his 
profession.  The  late  Greer  W.  Davis  studied  law  with  him 
one  year.  He  only  remained  about  eighteen  months  in 
Jackson,  when  he  moved  to  St.  Genevieve,  where  he  accumu- 
lated some  property  and  then  moved  into  Iowa.  He  was 
sent  to  Congress  from  that  state,  but  whether  one  or  two 
terms  we  are  unable  to  state.  He  was  a  man  of  fine  natural 
ability,  but  awkward  and  unprepossessing  in  his  manners. 
It  was  said  that  he  argued  a  question  of  law  with  consider- 
able force,  but  he  remained  too  short  a  time  in  Missouri  to 
obtain  much  reputation  in  his  profession.  He  speculated 
considerably  in  real  estate,  and  turned  his  attention  to  other 
modes  of  making  money  besides  the  law,  which  was  not 
uncommon  with  the  early  territorial  lawyers.  His  character 
for  probity  was  good. 


JOHN    D.   COALTER. 

Few  men  at  tlie  St.  Louis  or  St.  Charles  bar  were  more 
universally  esteemed  than  General  Coalter,  who  obtained  his 
military  title  by  services  rendered  in  the  state  militia.  He 
was  a  brother  of  Mrs.  Hamilton  R.  Gamble  and  Mrs.  Edward 
Bates,  and  was  born  in  South  Carolina  in  1818,  and  when  a 
small  boy  came  with  his  parents  to  Missouri.  The  family 
settled  in  St.  Charles  County,  and  John  was  sent  to  the  South 
Carolina  College,  where  he  obtained  his  education.  He  then 
returned  to  St.  Louis  and  entered  upon  the  study  of  the 
law,  and  in  due  time  was  admitted  to  the  bar.  He  com- 
menced the  practice  in  St.  Charles,  and  became  one  of  the 
most  successful  lawyers  at  that  bar.  He  frequently  repre- 
sented St.  Charles  County  in  the  General  Assembly,  and  it 
was  said  that  he  could  go  to  the  Legislature  whenever  he 
desired,  no  matter  which  party  was  in  the  ascendant.  We 
knew  him  well  from  1840  till  his  death,  which  took  place  in 
St.  Louis  in  1864.  While  all  who  knew  him  will  admit  that 
he  was  a  sound,  well-read,  and  reliable  lawyer,  yet  those  who 
knew  him  best  will  appreciate  the  difficulty  of  assigning  him 
his  true  position  at  the  bar,  for  it  was  his  misfortune,  if  such 
it  can  be  called,  to  be  a  man  of  ample  estate,  and  hence  not 
driven  to  professional  labor  by  the  ordinary  necessities  of 
life.  Nor  was  he  stimulated  by  a  desire  to  obtain  distinction 
or  reputation,  consequently  he  rather  avoided  than  sought 
practice.  He  only  went  into  the  courts  when  urged  by  his 
friends,  or  when  called  upon  by  some  old  client  who  would 
not  dispense  with  his  services. 

He  eschewed  office  and  had  very  little  respect  for  chronic 
office-seekers,  and  never  accepted  any  public  position  which 
he  could  consistently  decline.  After  the  election  of  Mr. 
Lincoln  he  was  appointed  a  delegate  from  Missouri  to  the 
Convention  held    at  Washington  City  to   devise   ways  and 


JOHN  D.   CO  ALTER.  4^9 

means  to  avoid  the  threatened  danger  to  the  country.  He 
discharged  his  duty  Hke  a  true  patriot,  and,  returning  home, 
issued  an  address  to  the  people  giving  an  account  of  his 
stewardship,  and  warning  his  countrymen  against  any  viola- 
tion of  law,  or  hostility  to  the  government.  The  State  Con- 
stitutional Convention  was  then  in  session,  and  by  a  resolu- 
tion requested  him  to  address  them,  which  he  complied 
with.  We  give  an  extract  from  this  address,  to  show  the  dif- 
ficulties under  which  he  labored,  and  the  candor  with  which 
he  expressed  his  views : 

"  Gentlemen  ok  the  Convention  :  My  colleague  has  very  properly  stated 
to  you  that  he  felt  how  important  was  the  occasion  which  had  called  us  to- 
gether in  Washington.  We  felt  the  condition  of  the  country  was  such  that 
peace  was  needed,  in  order  to  bring  about  any  good  and  valuable  results.  We 
were  met  there  by  distinguished  gentlemen  from  every  part  of  the  Union  —  twen- 
ty-one states  in  all  —  and  we  found  one  great  difficulty  in  the  beginning,  and  that 
was  that  gentlemen  from  the  North-west  had  come  to  the  Convention  thinking 
themselves  pledged  to  a  particular  platform,  and  in  other  ways.  They  thought 
they  had  gained  a  great  victory,  and  they  must  reap  the  fruits  of  it.  That 
seemed  the  prevailing  sentiment.  They  said,  '  We  are  well  satisfied  to  have 
peace,  yet  it  must  be  peace  on  our  own  terms  ;  and  although  we  are  willing,  yet 
we  tell  you  at  the  same  time  that  we  abhor  your  institutions.'  Well,  gentle- 
men, when  any  of  us  could  get  the  floor,  we  defended  our  institutions  with 
what  ability  was  at  our  command. 

"  We  told  them,  '  This  is  a  prejudice  on  your  part.  Your  hostility  to  sla- 
very has  prejudiced  you,  and  the  sooner  you  get  rid  of  that  prejudice  the  bet- 
ter.' We  asked  them,  moreover,  the  pregnant  question,  '  If  you  abhor  our 
institutions,  how  long  a  step  will  it  be  before  you  abhor  tis  ?  If  you  abhor 
slavery,  how  long  before  you  abhor  slaveholders ?'  This  we  represented  to 
them  was  the  very  point  which  had  aroused  the  Southern  mind.  It  was  the 
idea  that  they  were  hostile  to  us  in  feeling,  and  this  hostility  could  not  be 
reconciled,  but  would  show  itself  again  and  again,  and  produce  perpetual 
dissensions.     *     *     * 

"  We  said,  '  Do  not  let  us,  in  view  of  this  object,  quarrel  about  little  things  ; 
do  not  let  us  disagree  on  minor  points ;  do  not  cavil  with  us  upon  the  ninth  part 
of  the  breadth  of  a  hair  —  but  show  us  at  once  by  your  actions  that  you  do 
recognize  the  rights  of  the  South.  The  people  of  the  South,  of  which  Missouri 
is  a  part,  want  to  understand  whether  they  can  live  in  peace  with  you  or  not. 
If  there  is  any  settled  hostility  on  the  part  of  the  North  against  the  South,  then 
we  are  two  people  inevitably  ;  and  God  forbid  we  should  be  two  people.  We 
desire  union;  we  desire  this  Union  shall  subsist;  but  we  want  to  understand 
that  you  are  not  hostile  to  us,  and,  therefore,  we  ask  you  to  come  forward  in  the 
spirit  of  liberality —  of  magnanimity,  if  you  choose  (because  you  are  the  victori- 
ous party)  —  and  grant  what  is  liberal,  and  grant  it  freely  and  frankly.'  " 


470  BENCH  AND  BAR   OF  MISSOURI. 

General  Coalter  then  proceeded,  in  a  clear  and  forcible 
manner,  to  point  out  the  difficulties  attending  their  efforts  to 
bring  about  a  happy  understanding  between  the  two  sections 
of  the  country. 

Had  General  Coalter  devoted  himself  to  the  law,  he  would 
undoubtedly  have  attained  considerable  renown,  for  he  had 
a  well-trained  mind,  and  managed  his  cases  with  much  skill 
and  adroitness.  We  had  ample  evidence  of  this,  for  we  were 
associated  with  him  in  the  prosecution  of  Worrill,  who  was 
tried  and  executed  in  Franklin  County  for  the  murder  of 
Gordon.  It  was  one  of  the  most  remarkable  criminal  cases 
ever  tried  in  the  West.  Worrill  was  the  only  son  and  child 
of  Dr.  Worrill,  of  Dover,  Delaware,  and  his  motlier  was  a 
sister  of  Major  Ringgold,  who  fell  at  Corpus  Christi  in  the 
early  part  of  the  Mexican  War. 

He  was  a  sergeant  in  the  army,  stationed  at  Fort  Leaven- 
worth, and  became  a  deserter.  On  his  way  to  St.  Louis,  by 
the  Boonslick  Road,  riding  horseback,  he  fell  in,  at  Danville, 
Montgomery  County,  w  ith  Gordon,  an  engineer  of  the  North 
Missouri  Railroad,  on  his  way  to  St.  Louis.  Though  stran- 
gers to  each  other,  they  traveled  together,  and  remained  over- 
night at  a  small  tavern  in  Warren  Count)\ 

Worrill  learned  that  Gordon  had  been  up  the  line  of  the 
road,  and  supposed  he  had  money  with  him,  collected  from 
some  of  the  counties  through  which  the  road  was  being  con- 
structed, and  determined  to  get  possession  of  it  b}^  murder- 
ing him.  Gordon  was  also  an  only  child  —  a  very  strange 
coincidence. 

When  they  left  the  tavern  the  next  morning  it  was  snow- 
ing, and  had  been  snowing  during  most  of  the  night  and  day 
before.  After  proceeding  half  a  mile  they  came  to  a  hazel 
thicket,  half  a  mile  wide,  and  Gordon  never  came  out  of  it 
alive.  He  had  parted  at  Danville  with  the  president  and  one 
of  the  engineers  of  the  road,  who  proceeded  to  Jefferson 
City,  and  on  returning  to  St.  Louis,  a  week  afterwards,  were 
surprised  to  find  that  Gordon  had  not  returned,  and,  becom- 
ing alarmed,  sent  several  persons  up  the  road  to  ascertain 
what  had  become  of  him. 


JOHN  D.   CO  ALTER.  47 1 

They  traced  him  from  Danville  to  the  inn  above  mentioned, 
and  learned  that  Worrill  was  seen  to  emerge  from  the  hazel 
thicket,  riding  a  horse  and  leading  another,  which  satisfied 
them  that  Gordon  was  murdered  in  some  part  of  the  thicket. 
Several  days  were  spent  in  the  search  for  his  body,  and  as 
they  had  begun  to  despair  of  finding  it,  one  of  them  noticed 
a  small  fice  dog  scratching  in  the  snow,  about  the  center  of 
the  road,  and,  going  to  the  place,  found  blood,  which  they 
traced  to  a  small  ravine  about  fifteen  feet  from  the  road, 
where  they  found  his  body  covered  with  brush  and  snow, 
and  a  hole  through  his  head,  as  if  made  by  a  large  pistol- 
ball,  and  his  pockets  turned  inside  out. 

Worrill  had  been  seen  to  pass  through  St.  Charles,  lead- 
ing a  horse  corresponding  to  that  of  Gordon's.  He  went 
to  St.  Louis,  remained  there  three  days,  attending  the  thea- 
ter each  night,  and  then  traveled  horseback  to  Vincennes, 
Indiana. 

A  published  description  of  the  deserter  from  Leaven- 
worth corresponded  with  the  man  seen  leading  Gordon's 
horse  through  St.  Charles,  and  Chief  of  Police  Cozens 
started  for  Vincennes  in  pursuit  of  him,  and  there  learned 
that  Worrill  had  traded  Gordon's  horse  to  the  proprietor  of 
a  hotel,  as  well  as  other  articles  of  Gordon's. 

From  this  point  all  trace  of  the  murderer  was  lost  for 
several  days,  but  Mr.  Cozens  again  got  on  the  track  of  him, 
traced  him  to  Baltimore,  and  from  thence  to  Dover,  in  Dela- 
ware, where  his  father  resided.  Cozens  saw  him  during  the 
day,  at  the  hotel,  but  was  afraid  then  to  arrest  him,  as  he  had 
many  friends  who  would  undoubtedly  have  rescued  him. 
It  was,  therefore,  determined  to  take  him  at  night  in  his  bed 
at  the  hotel  where  he  was  stopping,  place  him  on  a  hand- 
car and  take  him  to  Smyrna,  a  distance  of  twelve  miles,  and 
there  await  the  train  for  the  West.  Having  made  all  neces- 
sary arrangements.  Cozens  entered  his  room  at  two  o'clock 
in  the  morning,  approached  his  bed,  gagged  him  so  he  could 
not  sound  an  alarm,  and  took  him  to  the  hand-car,  which 
was  in  waiting,  and  started  westward.  On  a  chair  near  his 
bed    the    saddle-bags    of   Gordon    were    found,  and    in    his 


472  BENCH  AND  BAR   OF  MISSOURI. 

pocket  Gordon's  watch  They  boarded  the  train  at  Smyrna, 
and  Cozens  with  his  prisoner  were  rapidly  going  West  before 
Worrill  was  missed  at  the  hotel. 

These  i^w  facts  —  and  they  constitute  but  a  few  —  are  only 
mentioned  to  give  the  reader  some  idea  of  the  case. 

A  change  of  venue  was  taken  to  Franklin  County.  Major 
Uriel  Wright  appeared  for  the  prisoner,  and  placed  his  de- 
fense upon  two  grounds  : 

1.  That  the  evidence,  which  was  only  circumstantial,  did 
not  show,  to  the  exclusion  of  every  other  hypothesis,  that 
the  prisoner  committed  the  deed. 

2.  That  if  he  did  commit  the  homicide  it  was  while  labor- 
ing under  insanity. 

To  sustain  the  latter,  depositions  had  been  taken  in 
Leavenworth,  Delaware,  Kentucky,  and  other  places. 

We  were  two  weeks  trying  him,  and  Major  Wright  made 
one  of  the  greatest  efforts  of  his  life  to  save  him ;  but  he 
was  convicted,  and  executed  in  an  open  field  in  presence  of 
10,000  people,  his  parents  standing  at  the  foot  of  the  gal- 
lows as  he  swung  off  Taking  everything  into  considera- 
tion, it  was  one  of  the  most  interesting  and  tragical  cases  in 
the  annals  of  crime,  and  created  an  exciting  interest 
throughout  the  state.  Although  the  final  argument  to  the 
jury  in  behalf  of  the  state  was  committed  to  us,  yet  it  is  due 
to  General  Coalter  to  state  that  the  credit  of  the  conviction 
was  due  to  him,  for  he  prepared  the  case,  collected  the  testi- 
mony, and  conducted  the  examination  of  the  witnesses  with 
the  most  consummate  skill.  It  was  the  only  case  in  which  we 
ever  saw  General  Coalter  engaged,  but  in  that  he  displayed 
the  highest  order  of  legal  ability. 

General  Coalter  made  no  pretensions  to  oratory,  yet  was 
a  forcible,  clear,  and  lucid  speaker,  and  impressed  a  jury 
most  favorably.  It  is  stated  by  those  who  practiced  with 
him  at  the  St.  Charles  bar  that  he  prepared  his  cases  with 
much  care,  though  he  tried  them  in  that  free  and  off-hand 
manner  which  did  not  indicate  his  previous  labor.  In  social 
life  he  was  one  of  the  kindest  and  most  agreeable  men  we 
ever  knew.     It   is    questionable    whether    he    ever    had    an 


JOHN  D.   CO  ALTER.  473 

enemy,  while  his  friends  could  be  numbered  by  the 
thousand. 

General  Coalter  had  a  fund  of  good  humor,  which  often 
excited  considerable  mirth.  He  and  Dr.  M.,  a  most  worthy 
citizen  of  St.  Charles  County,  were  once  opposing  candi- 
dates for  the  Legislature,  and  canvassed  the  county  together 
in  a  very  friendly  way,  but  at  the  close  of  the  canvass  the  doc- 
tor got  a  little  cross,  and  spoke  harshly  and  unkindly  of  his 
opponent.  But  the  general,  in  reply,  remarked  "that  the  doc- 
tor was  not  half  as  big  a  rascal  as  the  people  supposed  he  was." 
This  complimentary  defense  of  the  doctor  created  a  great 
laugh,  in  which  the  doctor  participated  as  much  as  any  of 
them,  and  the  two  rode  home  together  the  best  of  friends. 

This  reminds  us  of  the  defense  interposed  in  behalf  of  a 
witness  who  was  terribly  slashed  by  one  of  the  counsel  in  a 
case.  Said  the  interceder,  "  Come,  come,  you  have  always 
been  too  hard  on  that  man.  He  is  by  no  means  so  bad  a 
fellow  as  you  would  make  him  out.  I  do  verily  believe  that 
in  the  whole  course  of  his  life  that  man  never  told  a  lie  —  out 
of  the  zvitness-box." 

General  Coalter  died  in  St.  Louis,  in  October,  1864,  leav- 
ing a  widow,  but  no  children. 


Beverly  allen. 

The  Old  Dominion  has  been  very  proHfic  of  statesmen 
and  lawyers,  and  has  sent  no  small  number  to  the  Western 
States.  Among  the  latter  was  Beverly  Allen,  the  compeer  of 
Geyer,  Gamble,  Bates,  Darby,  and  Spalding.  He  was  born 
in  Richmond  in  1800,  and,  after  receiving  his  preliminary  edu- 
cation in  the  common  schools  of  his  native  county,  entered 
Princeton  College  and  there  graduated  with  honor.  Imme- 
diately afterwards  he  commenced  the  study  of  the  law  in  the 
office  of  that  distinguished  jurist  Judge  Upshur. 

That  he  availed  himself  of  so  good  an  opportunity  to  ob- 
tain a  knowledge  of  the  profession  upon  which  he  had  set  his 
heart  is  evidenced  by  the  fact  that,  when  he  came  to  St.  Louis 
in  1827,  he  brought  with  him,  from  Judge  Upshur  and  others, 
the  highest  testimonials  of  faithfulness  and  ability.  Before 
coming  to  St.  Louis  he  went  to  St.  Genevieve  and  concluded 
to  locate  there  —  in  fact,  became  the  law-partner  of  John  Scott, 
then  a  lawyer  of  very  high  repute;  but  he  soon  became  satis- 
fied that  St.  Louis  promised  a  better  field  for  the  practice,  and 
accordingly  changed  his  residence.  At  one  time  he  became 
the  law-partner  of  the  late  Governor  Gamble,  but  we  are  not 
aware  of  his  forming  any  other  partnership.  Mr.  Allen  held, 
under  appointment  of  President  Adams,  the  office  of  United 
States  district  attorney,  but,  when  General  Jackson  became 
president,  was  removed  because  he  was  not  politically  in  ac- 
cord with  the  Administration,  for  no  charge  was  made  against 
him,  and  could  not  be,  as  he  proved  an  able  and  faithful  officer. 
Mr.  Allen  also  filled  the  positions  of  city  attorney,  member 
of  the  City  Council,  and  for  a  period  represented  the  city  and 
county  of  St.  Louis  in  the  State  Legislature.  In  all  these 
positions  he  was  faithful,  diligent,  and  influential,  and  enjoyed 
the  unlimited  confidence  of  the  people  of  his  adopted  city. 
Mr.  Allen  never  would  permit  any  other  calling  or  vocation 


BEVERLY  ALLEN.  475 

to  draw  him  from  the  active  pursuit  of  his  profession,  though 
in  1838  he  accepted  from  the  Whig  party  a  nomination  for 
Congress,  and  canvassed  the  state  in  opposition  to  Albert  G. 
Harrison,  the  Democratic  nominee.  Missouri  had  not  then 
adopted  the  district  system,  and  Mr.  Allen  was  forced  to 
address  the  people  in  all  parts  of  the  state.  He  received  the 
full  vote  of  his  part}',  but  the  Democratic  majority  in  the 
state  was  too  large  to  overcome.  It  was  on  this  occasion 
that  we  first  saw  Mr.  Allen,  and  heard  him  speak.  He 
seemed  to  have  none  of  the  gifts  of  oratory,  but  spoke  with 
great  ease  and  fluency,  and  b}'  his  candid  and  earnest  man- 
ner, and  entire  freedom  from  vituperation  or  abuse,  com- 
manded the  close  attention  of  his  audience,  a  large  majority 
of  whom  were  in  sentiment  opposed  to  him. 

In  1844,  by  too  close  attention  to  business,  Mr.  Allen's 
health  began  to  fail,  and  he  left  home  to  procure  rest  and 
the  benefit  of  a  change  of  air  and  scenery ;  spent  some  time 
at  the  Virginia  Springs  and  other  places  of  resort;  but  as 
soon  as  he  returned  to  his  professional  labors  he  again  began 
to  decline,  and  was  advised  by  his  physicians  to  try  a  sea 
voyage,  and  accordingly,  in  the  spring  of  1845,  sailed  for 
Europe,  and  spent  some  time  on  the  Continent.  But  it 
brought  no  favorable  change  to  his  health,  and  he  con- 
cluded to  return  and  die  among  his  friends ;  but  on  reaching 
the  city  of  New  York  was  unable  to  proceed  further,  and 
died  there  on  September  12,  1845,  in  the  forty-fifth  year  of 
his  age. 

Mr.  Allen  left  a  large  and  interesting  family.  His  widow, 
the  daughter  of  Judge  Pope,  of  Kaskaskia,  an  accomplished 
and  benevolent  lady,  survives  him,  and  still  makes  St.  Louis 
her  home. 

We  never  saw  Mr.  Allen  at  the  bar,  but  the  Hon.  Thomas 
T.  Gantt,  late  judge  of  our  Court  of  Appeals,  who  knew  him 
well,  thus  speaks  of  his  legal  attainments : 

"My  first  acquaintance  with  Mr.  Allen  was  formed  in  1839,  when  I  came  to 
St.  Louis,  a  young  man,  to  make  that  city  my  future  home.  Mr.  Allen  was  at 
that  time  one  of  the  leading  lawyers  of  the  city.  Mr.  Geyer,  Mr.  Gamble, 
Mr.  Spalding,  and  Mr.  Darby  were  with  him  in  the  enjoyment  of  the  principal 


476  BENCH  AND  BAR   OF  MISSOURI. 

part  of  the  heavy  business  then  transacted  by  our  courts.  There  were  other  and 
younLjer  men  rapidly  risincj  in  the  profession,  and  tliere  were  some  others  who 
had  measuraljly  withdrawn  from  the  practice  —  sucli  as  Messrs.  Magenis  and 
Lawless,  the  last  of  whom  was  then  on  the  bench  of  the  Circuit  Court,  while 
the  former,  though  nominally  the  United  States  attorney  for  Missouri,  had  for 
some  time  declined  new  engagements. 

"  Of  the  five  leaders  of  the  Ijar  Mr.  Allen  was  clearly  one,  and  in  attention 
to  business  and  skill  in  its  dispatch  he  had  no  superior.  He  was  well 
acquainted  with  our  system  of  land  titles,  and  one  of  the  ablest  productions 
that  can  be  credited  to  any  of  the  bar  of  St.  Louis  was  the  report  made  in  the 
name  of  Surveyor-General  Milburn,  in  vindication  of  the  title  of  Carondelet  to 
common  south  of  the  River  Des  Peres,  when  an  attempt  was  made  by  the  War 
Department  to  appropriate  to  the  United  States  the  Jefferson-Barracks  tract. 
In  order  to  obtain  this  tract,  which  contained  1,700  acres,  it  was  thought 
necessary  to  defeat  the  title  of  Carondelet  to  her  common  south  of  the  river. 
In  1826  certain  of  the  villagers  of  Carondelet  had  given  an  informal  consent 
to  the  occupation  of  this  tract  by'  the  United  States  troops.  The  town  of 
Carondelet  sought  to  reclaim  this  land  in  1838,  and  thereupon  the  United 
States,  through  the  War  Department,  sought  to  show  that  this  tract  was  public 
land,  and  to  defeat  the  confirmation  of  it  to  Carondelet  as  common  by  the  act 
of  1812,  and  its  survey  by  the  United  States  surveyor-general  in  1817  and  1834. 
It  was  conduct  which,  if  practiced  by  an  individual,  would  have  been  likely  to 
be  termed  flagitious  as  well  as  puerile.  Being  attempted  by  the  government, 
it  led  to  an  unsettling  of  the  title  of  Carondelet  for  more  than  twenty  years. 
In  the  year  1839  the  commissioner  of  the  General  Land  Office,  at  the  sug- 
gestion of  the  secretary  of  war,  called  on  William  Milburn,  then  surveyor- 
general  for  Missouri  and  Illinois,  for  a  report  on  the  subject  of  the  title  of 
Carondelet  to  common  south  of  the  River  Des  Peres. 

"  Mr.  Allen  was  the  legal  adviser  of  a  number  of  proprietors  of  land  in  the 
threatened  tract,  and  he  was  consulted  by  Mr.  Milburn  as  to  the  report  he 
should  make.  He  prepared  a  report  composed  of  both  documentary  evidence 
and  a  legal  argument  upon  it.  It  was  apparently  long,  Init  not  more  so  than  the 
case  demanded.  It  occupies  forty-eight  pages  of  the  record  of  the  case  of 
Carondelet  vs.  United  States,  lately  pending  in  the  Court  of  Claims.  For 
mastery  of  the  subject,  and  for  anticipation  of  the  true  solution  of  all  the  per- 
plexing legal  questions  it  involved,  it  is  worthy  of  the  highest  admiration,  but 
to  dwell  upon  its  features  in  detail  would  be  uninteresting  to  all  but  lawyers,  and 
unnecessary  for  them. 

"In  demeanor  Mr.  Allen  was  grave,  dignified,  and  gentleman-like.  He  was 
courteous  to  all,  but  especially  so  to  the  younger  members  of  the  bar.  He  was 
marked  in  the  kindness  with  which  he  received  those  who  came  here  from 
abroad,  and  who  were  making  their  first  professional  efforts  at  a  bar  of  which 
he  was  an  acknowledged  leader.  His  house  was  open  to  all  who  desired  ad- 
mission to  its  hospitality,  and  there  yet  remain  some  who  remember  it  as  the 
first  of  the  homes  of  the  older  members  of  the  profession  to  which  they  were 
made  welcome  on  their  arrival  in  this  city. 

"In  the  conduct  of  causes  in  court  Mr.  Allen  was  always  equal  to  the  occa- 


BEVERLY  ALLEN.  A77 

sion,  but  was  not  ambitious  of  display.  He  was  distinguished  for  the  accuracy 
and  completeness  of  his  preparation  for  trial,  and  it  is  believed  that  he  seldom 
had  occasion  to  complain  of  a  surprise  or  to  move  to  set  aside  a  default.  The 
readiness  with  which  he  met  the  objections  of  his  opponent  led  to  the  belief 
that  he  had  foreseen  and  provided  for  it  before  it  was  made  in  court.  This,  of 
course,  might  result  from  the  resources  of  the  accomplished  jurist,  although  the 
particular  objection  had  not  been  anticipated  ;  but  the  quiet  thoroughness  with 
which  such  objections  were  usually  met  induced  the  younger  members  of  the 
bar,  at  least,  to  think  that  there  was  nothing  unforeseen  in  the  point  made  by 
his  adversary ;  that  it  had  been  both  anticipated  and  prepared  for  before  the 
trial  began. 

"  His  style  of  speaking  was  logical,  forcible,  and  clear.  It  was  eminently  a 
forensic  style.  His  aim  was  to  convince  rather  than  to  excite  or  dazzle,  and  no 
one  w^as  listened  to  more  attentively,  whether  he  addressed  a  court  or  a  jury. 
He  passed  away  while  his  reputation  was  increasing,  and  at  a  period  of  life 
when  few  lawyers  have  reached  the  highest  honors  of  their  profession  ;  but  his 
place  in  the  front  rank  was  assured,  and  his  worthy  rivalry  of  Geyer,  Gamble, 
and  Spalding  acknowledged,  when  he  was  summoned  by  the  Angel  of  Death 
from  the  field  of  further  distinction.  He  left  behind  him  an  unsullied  reputa- 
tion as  a  man,  and  as  a  lawyer  he  was  one  of  those  of  whom  the  bar  of  St. 
Louis  will  always  be  proud." 


Prince  L.  Hudgens. 

We  had  a  slight  acquaintance  with  this  lawyer,  who  prac- 
ticed his  profession  for  about  twenty  years  in  Andrew 
County.  He  was  a  strange  compound  of  inconsistencies. 
Without  having  devoted  six  months  of  his  life  to  the  read- 
ing of  the  law,  he  was  a  successful  practitioner.  With 
scarcely  any  education,  and  no  knowledge  of  elocution,  he 
was  a  strong  and  vigorous  debater.  Even  as  a  theologian  he 
often  pitted  himself  against  the  most  learned  men  of  the 
Church.  He  certainly  obtained  no  knowledge  from  books, 
for  he  scarcely  ever  read  any.  It  has  often  been  said  of  a 
prominent  American  military  officer  that  he  was  a  general 
who  had  never  been  in  battle,  a  statesman  who  had  never 
made  a  speech,  and  a  capitalist  who  never  had  a  cent  of  his 
own  in  his  life.  Mr.  Hudgens,  however,  was  no  theorist  — 
he  was  practical  in  everything ;  and  the  only  solution  to  his 
strange  career  is  that  he  was  endowed  with  strong  natural 
sense,  and  by  close  observation  and  experience  was  enabled 
to  store  his  mind  with  that  information  which  it  is  generally 
supposed  books  alone  can  furnish. 

Mr.  Hudgens  was  born  in  Kentucky  in  1811.  His  father 
was  a  Virginian,  and  early  in  life  immigrated  to  Kentucky. 
In  1832  the  subject  of  our  sketch  removed  to  Johnston 
County,  Missouri,  and  located  in  a  small  settlement  called 
Black  Water,  and,  being  without  means  and  scarcely  any 
education,  supported  himself  by  common  labor.  Having 
secured  the  good-will  of  a  country  merchant,  he  became  a 
clerk  in  his  store.  In  1835  he  married,  and  changed  his  resi- 
dence to  the  town  of  Camden,  in  Ray  County,  and  in  1838 
removed  to  Andrew  County  and  took  out  a  preemption 
right  upon  a  tract  of  land,  upon  which  Savannah,  the  county- 
seat,  was  afterwards  located.     About  this  time  the  Platte  pur- 


PRINCE  L.  HUDGENS.  479 

chase  was  brought  within  the  state,  and  Congress  passed  a 
liberal  preemption  law.  Mr.  Hudgens  turned  his  attention  to 
procuring  preemptions  and  making  entries  in  the  Land  Office 
for  others,  which  was  not  only  a  source  of  remuneration  to 
him,  but  suggested  the  idea  of  turning  his  attention  to  the 
law.  He  procured  a  copy  of  Blackstone  and  Kent's  Com- 
mentaries, and,  after  reading  a  little,  commenced  practicing 
in  the  County  Court  and  Justices'  Courts,  and  in  1845  was 
admitted  to  the  bar  by  Judge  David  R.  Atchison,  who  after- 
wards became  United  States  senator. 

Mr.  Hudgens  opened  an  office  in  Savannah,  and  in  time 
acquired  an  extensive  practice,  not  only  in  Andrew  but  the 
adjacent  counties,  and  was  able  to  compete  with  any  of  the 
lawyers  of  his  circuit.  His  good  common  sense  taught  him 
what  the  law  ought  to  be,  and,  assuming  that  that  was  the 
law,  he  boldly  proclaimed  it,  and  generally  was  right.  After 
practicing  a  few  years,  he  turned  his  attention  to  theology, 
joined  the  Campbellite  Church,  and  it  was  said  he  would 
practice  law  during  the  day  and  preach  at  night.  As  a 
theologian  he  had  no  charity  for  other  denominations,  and  in 
his  sermons  would  consign  them  all  to  h — 1  and  perdition 
without  the  benefit  of  clergy.  He  was  a  sentimentalist  and 
revivalist,  and  his  combativeness  was  so  strong  that  he  never 
would  agree  with  any  one  upon  any  proposition.  Religious 
disputation  was  a  mania  with  him,  and  no  matter  what  propo- 
sition was  advanced,  he  would  take  the  opposite  side  in 
order  to  provoke  discussion. 

For  several  years  he  was  a  member  of  our  State  Legislature, 
and  participated  in  all  the  debates.  In  1861  he  was  elected 
to  the  Convention  called  to  take  into  consideration  the  rela- 
tions of  the  state  to  the  Federal  government,  and  in  the  vari- 
ous sessions  of  that  body  took  a  very  active  part  in  the  dis- 
cussions. He  was  a  violent  secessionist,  and  after  the  first 
session  of  the  Convention  was  arrested  by  the  military  for  dis- 
loyalty, thrown  into  prison  in  St.  Louis,  and  kept  there  until 
the  fall  of  Lexington,  when  he  was  exchanged.  During  the 
war  he  removed  to  St.  Louis  and  opened  a  law-office,  with  the 


480  BENCH  AND  BAR   OF  MISSOURI. 

intention  of  returning  to  the  profession  ;  but  his  long  confine- 
ment in  prison  had  greatly  impaired  his  health,  and  he  re- 
turned to  Savannah,  where  he  died,  in  1872,  at  the  age  of 
sixty-one.  His  career  furnishes  a  striking  illustration  of 
what  can  be  accomplished  by  energy,  will,  and  perseverance, 
in  the  absence  of  education  or  early  mental  training. 


Wilson  Primm. 

The  subject  of  this  sketch,  who  for  many  years  was  judge 
of  the  St.  Louis  Criminal  Court,  was  born  in  the  city  of  St. 
Louis  in  1810,  and  on  the  maternal  side  was  of  French 
descent.  His  father  was  a  Virginian.  His  education  was 
obtained  partly  in  such  schools  as  St.  Louis  at  that  time  af- 
forded, but  chiefly  at  Bardstown  College,  in  Kentucky. 

At  an  early  age  he  exhibited  mental  powers  and  a  fond- 
ness for  reading  far  above  boys  of  his  age.  He  became  a 
good  French  and  Spanish  scholar,  and  made  some  progress 
in  the  German  language,  and  upon  the  trial'  of  Judge  Peck 
before  the  United  States  Senate  upon  articles  of  impeach- 
ment, was  called  upon  to  translate  many  of  the  old  French 
and  Spanish  archives. 

At  the  age  of  nineteen  he  commenced  the  study  of  the 
law  with  the  Hon.  Edward  Bates — who  always  felt  proud  of 
\i\s protege  —  and,  when  he  attained  his  majority,  was  admitted 
to  the  bar,  and  immediately  commenced  the  practice  in  St. 
Louis,  which  continued  to  be  his  home  through  life.  He 
was  soon  afterwards  app.ointed  a  justice  of  the  peace,  the 
duties  of  which  office  he  faithfully  discharged  for  many 
years.  At  a  later  period  he  formed  a  partnership  with 
Charles  D,  Drake,  .present  chief  justice  of  the  Court  of 
Claims  at  Washington  City.  The  firm  did  a  large  business 
for  that  time,  for  St.  Louis  was  yet  a  comparatively  small 
place,  and  litigation  in  the  courts  had  not  assumed  much 
magnitude.  Subsequently  George  R.  Taylor,  Esq.,  one  of 
our  most  enterprising  citizens,  took  the  place  of  Judge 
Drake,  and,  upon  his  retiring,  a  partnership  was  formed  be- 
tween Mr.  Primm  and  C.  C.  Whittelsey,  Esq. 

In  1834  Mr.  Primm  became  a  member  of  the  Board  of 
Aldermen  of  St.  Louis,  and  remained  a  member  of  that 
body  through  several  administrations,  and  for  several  years 

31 


482  BENCH  AND  BAR   OF  MISSOURI. 

was  its  presiding  officer.  It  was  during  this  service  that  he 
displayed  so  much  zeal  in  promoting  the  interest  of  his 
native  city;  particularly  did  he  labor  to  improve  the  harbor, 
for  it  was  greatly  in  danger  of  being  seriously  injured  by  a 
change  in  the  channel  of  the  river,  which  threatened  the 
formation  of  a  sand-bar  in  front  of  the  levee.  In  several 
speeches  and  able  reports  he  directed  the  attention  of  the 
citizens  to  the  subject,  and  finally  succeeded  in  establishing 
a  system  of  dikes  and  other  improvements  which  saved  the 
harbor  from  total  destruction.  It  may  not  be  out  of  place 
to  mention  here,  as  a  matter  of  history,  that  General  Robert 
E.  Lee,  who  so  distinguished  himself  in  the  Confederate 
War,  was  one  of  the  civil  engineers  employed  in  the  harbor 
improvement,  and  came  here  at  the  solicitation  of  the  Hon. 
John  F.  Darby,  then  mayor  of  the  city. 

The  common-school  system,  which  was  then  in  its  infancy, 
also  attracted  his  attention,  and  he  became  one  of  its  most 
ardent  friends  and  advocates,  and  continued  so  through  life. 
He  was  in  the  habit  of  attending  the  public  examinations 
and  addressing  the  children,  and  one  of  the  happiest  efforts 
in  that  direction  we  ever  listened  to  was  made  by  him  in  the 
presence  of  about  600  pupils.  St.  Louis  has  reason  to 
boast  of  her  public  schools,  for  in  no  other  city  in  the  Union 
has  the  system  reached  a  greater  perfection.  Endowed 
with  an  ample  fund,  and  in  the  hands  of  a  Board  of  Direc- 
tors taken  from  our  best  citizens,  and  under  the  super- 
intendence of  a  man  of  great  learning,  William  T.  Harris, 
Esq.,  they  have  superseded  all  other  schools,  and  furnish 
the  only  reliable  means  of  education  to  both  rich  and  poor. 
No  city  in  the  world  is  more  blessed  in  that  respect  than 
St.  Louis. 

In  1834  Mr.  Primm  was  elected  to  the  General  Assembly, 
to  fill  a  vacancy  created  by  the  resignation  of  Benjamin 
O'Fallon,  Esq.,  and  was  reelected  for  several  terms.  He 
was  an  Old-Line  Whig,  and  at  that  time  his  party  was  in  the 
ascendant  in  St.  Louis.  He  became  quite  prominent  as  a 
debater,  and  his  popular  and  genial  manners  gave  him  a 
large  influence  with  the  opposition  members,  and  enabled 


WILSON  PRIM 31.  483 

him  to  procure  the  passage  of  many  measures  beneficial  to 
his  constituents.  In  social  life  and  in  convivial  entertain- 
ments he  was  the  life  of  the  company,  for  he  was  endowed 
with  fine  conversational  powers,  was  full  of  anecdote,  good 
at  repartee,  and  as  a  vocalist  and  violinist  had  very  few 
equals.  His  rendition  of  the  "Star-Spangled  Banner"  and 
"Old  Rosin  the  Beau  "  was  a  treat  to  any  one  who  had  any 
music  in  his  soul. 

A  refined  taste  for  music  is  not  often  found  in  the  profes- 
sion, though  Sir  Thomas  More  and  Lord  Bacon,  two  of  the 
most  illustrious  men  who  ever  held  the  great  seal  of  Eng- 
land, were  fine  musicians,  and  Lord  Jeffreys,  the  judicial 
tyrant,  was  a  good  vocalist.  But  it  must  be  admitted  that, 
as  a  general  thing,  music  has  found  but  few  devotees  at  the 
bar.  The  order  of  mind  that  seems  particularly  adapted  to 
it  is  not  favorable  to  the  acquisition  of -legal  knowledge. 

About  1862  Mr.  Primm  was  elected  judge  of  the  St.  Louis 
Criminal  Court,  and  remained  on  the  bench  about  thirteen 
years.  He  made  a  most  excellent  judge,  for  his  vigorous  in- 
tellect and  retentive  memory  enabled  him  to  master  our 
criminal  code  ;  and  he  administered  the  law  with  firmne'ss 
tempered  with  mercy.  After  Judge  Primm  left  the  bench 
he  returned  to  the  practice,  but  his  health  began  to  fail 
rapidly,  and  he  was  finally  compelled  to  relinquish  it  alto- 
gether. 

He  died  on  January  17,  1878,  at  the  mature  age  of  sixty- 
eight. 

His  rare  accomplishments  and  fine  social  qualities  made 
him  a  favorite  in  society,  and  it  was  rare  indeed  that  he  failed 
to  receive  an  invitation  to  public  dinners  and  social  gather- 
ings, and,  being  fond  of  high  living,  no  doubt  on  such  occa- 
sions often  indulged  his  appetite  to  excess,  and  but  for  this 
might  have  reached  a  very  venerable  age,  for  he  belonged  to 
a  very  long-lived  family,  his  mother,  a  most  estimable  lady, 
having  lately  died  at  the  age  of  eighty-six. 

Judge  Primm  was  one  of  the  finest  speakers  at  the  bar; 
had  a  fine  command  of  language,  an  easy,  flowing  delivery, 
and  at  times   became  impassioned  and  eloquent.      He  pos- 


484  BENCH  AND   BAR   OF  MISSOURI. 

sessed  a  very  vivid  recollection  of  all  historical  events  con- 
nected with  the  growth  and  advancement  of  the  city,  and  his 
reminiscences  of  the  early  inhabitants,  as  detailed  in  the 
lecture-room,  were  very  entertaining  and  instructive.  Judge 
Primm  leaned  strongly  in  favor  of  precedent  and  old-estab- 
lished customs,  and  at  one  time  while  on  the  bench  wore  for 
a  short  period  a  black-silk  gown,  in  imitation  of  the  English 
judges  —  a  custom  that  still  prevails  in  the  Supreme  Court  of 
the  United  States,  and  probably  in  a  few  of  the  courts  in 
New  England.  It  was  supposed  to  add  to  the  dignity  and 
solemnity  of  the  proceedings  of  the  courts,  and  in  England 
the  judges  wore,  in  addition,  a  black  cap,  and  often,  when 
passing  sentence  of  death  upon  a  prisoner,  the  cap  was  drawn 
partially  over  the  eyes,  to  conceal  the  judge's  emotion.  The 
custom,  also,  of  wearing  powdered  wigs  prevailed  during  many 
reigns.  Jeafferson  tells  us  that  as  late  as  Queen  Anne's  reign, 
which  witnessed  the  introduction  of  three-cornered  hats,  a 
lord  keeper  wore  in  court  his  natural  hair  instead  of  a  wig, 
until  he  received  the  sovereign's  order  to  adopt  the  venerable 
disguise  of  a  full-bottomed  wig.  A  few  of  the  judges  rebelled 
against  the  custom,  and  it  is  related  by  the  above  author  that 
Lord  Hardwicke,  after  the  close  of  his  long  period  of  official 
service,  appeared  at  court  in  a  plain  suit  of  black  velvet,  with  a 
bag  and  sword.  The  king  professed  not  to  know  his  old  friend 
and  servant,  when  a  lord  who  stood  near  his  majesty's  per- 
son whispered  to  him,  "  That  is  your  chancellor,  Lord  Hard- 
wicke." "  How  long  has  your  lordship  been  in  town?"  said 
the  king.  The  peer's  surprise  and  chagrin  were  great  until 
the  monarch,  having  received  further  instruction  from  the 
courtly  prompter  at  his  elbow,  frankly  apologized  in  bad 
English  and  with  noisy  laughter.  The  same  author  informs 
us  that  even  counsel  at  one  time  were  required  by  the  rules 
of  the  court  to  wear  powdered  wigs,  and  when  Lord  Camp- 
bell argued  the  great  Privilege  Case  he  obtained  permission 
to  appear  without  a  wig;  but  this  concession  to  a  counsel  — 
who  on  that  occasion  spoke  for  sixteen  hours  —  was  accom- 
panied with  an  intimation  that  "  it  was  not  to  be  drawn  into 
precedent." 


WILSON  PRIMM.  485 

A  few  days  after  the  death  of  Judge  Primm  a  meeting  of 
the  members  of  the  St.  Louis  bar  was  held  in  one  of  the 
court-rooms,  and  a  series  of  resokitions,  expressive  of  the  loss 
sustained  in  his  death,  adopted.  Hon.  George  R.  Taylor 
presided,  and  Hon.  Alexander  Hamilton,  an  ex-judge  of  the 
St.  Louis  Circuit  Court,  was  one  of  the  Committee  on  Reso- 
lutions. Probably  no  man  at  the  bar  had  a  more  correct  ap- 
preciation of  Judge  Primm's  merits  as  a  citizen  and  a  lawyer 
than  Judge  Hamilton,  for  they  were  not  only  intimate  friends, 
but  Primm  had  long  practiced  in  Hamilton's  court.  The  fol- 
lowing letter,  addressed  to  Mr.  Taylor  a  week  after  Judge 
Primm's  death,  furnishes  a  beautiful  tribute  to  the  memory  of 
the  dead  jurist  : 

"St.  Louis,  January  2j,  18 j8. 
"  Hon.  George  R.  Taylor, 

"  Dear  Sir  :  As  you  are  aware,  I  was  one  of  the  Committee  on  Resolutions 
appointed  at  the  recent  meeting  of  the  bar  of  St.  Louis  called  to  notice  the 
death  of  the  Honorable  Wilson  Primm. 

"Those  resolutions  fully  express  my  individual  sentiments,  and  as  a  faithful 
and  pleasing  portraiture  of  our  deceased  friend  in  the  several  characters  of  law- 
yer, citizen,  and  judge,  met  with  my  unqualified  approval.  You  ask  for  any 
personal  reminiscences  which  may  occur  to  me.  I  am  not  sure  that  I  could 
add  anything  of  value  or  interest  to  what  is  contained  in  those  resolutions. 

"Permit  me  to  say  that  I  cannot  but  think  that  all  who  knew  Wilson  Primm 
in  his  best  estate  will  admit  that  his  talents  and  learning  rendered  him  an  orna- 
ment to  the  bar. 

"  With  a  fine  mind,  enriched  by  culture  and  strengthened  by  careful  training, 
he  was  not  only  eloquent  at  times,  but  was  always  a  ready  and  skillful  de- 
bater. None  knew  better  the  true  use  and  power  of  language,  or  how  to  match 
the  expression  to  the  thought.  It  was  this  peculiarity,  added  to  soundness  of 
judgment,  aptness  and  beauty  of  illustration,  and  a  voice  of  rare  sweetness  and 
variety  of  intonation,  that  made  him  so  successful  before  the  jury.  But  besides 
his  many  and  brilliant  professional  traits,  there  were  his  social  charms,  his  de- 
lightful courtesy,  and  his  winning  address,  that  at  once  inspired  admiration  and 
sympathy.  Those  who  were  among  his  intimates  can  readily  accept  the  tradi- 
tion received  from  Henry  S.  Geyer,  who  used  to  take  pleasure  in  narrating  how 
young  Primm,  who  was  a  witness  on  the  trial  of  Judge  Peck,  attracted  universal 
attention  by  his  natural  grace  and  charm  of  manner,  and  how  he  electrified  the 
gay  circles  of  Washington  City  by  his  wit  and  accomplishments.  His  aesthetic 
taste  and  genius  manifested  themselves  in  various  ways.  With  the  cultivated 
taste  of  an  artist  he  had  an  eye  for  the  productions  of  the  pencil,  and  excelled  in 
music  and  in  song.      While  joining  those,  therefore,  who  mourn  the   removal  of 


486  BENCH  AND  BAR   OF  MISSOURI. 

our  lionored  friend,  I  would  affectionately  and   reverently,  with   my  own  hand, 
lay  this  imperfect  tribute  on  his  grave,  resting  in  the  assurance  that  he  has  passed 
from  the  sorrows  and  troubles  of  this  world  into  the  perpetual  felicity  and  joy  of 
-the  better  life. 

"Very  truly  your  friend  and  servant, 

"  A.  Hamilton." 

Jtidge  Primm  was  at  times  very  happy  at  repartee.  He 
and  his  old  legal  preceptor,  Edward  Bates,  were  once  en- 
gaged in  a  case  upon  opposite  sides,  and  while  Mr.  Primm 
was  maintaining  before  the  court  a  certain  proposition  of  law, 
Mr.  Bates  interrupted  him  with  the  remark,  "  You  never 
learned  such  law  from  me,  sir."  Mr.  Primm  promptly  re- 
plied, "  No,  sir  —  because  you  never  knew  it."  Mr.  Bates 
afterwards  complimented  him  for  his  wit. 

Judge  Primm  was  often  witty,  and  his  wit  was  of  that  kind 
which  never  gave  offense,  for  it  was  playful,  and  never  tran- 
scended the  bounds  of  propriety  and  decorum. 

The  Hon.  Gilchrist  Porter,  a  distinguished  judge  of  north- 
eastern Missouri,  in  a  recent  letter  giving  his  recollections 
of  some  of  the  lawyers  at  an  early  time,  as  far  back  as  1836, 
alludes  to  a  speech  which  Mr.  Primm  made  in  a  libel  suit  in 
the  St.  Charles  court.  He  says :  "  Wilson  Primm,  then  in 
his  prime,  made  one  of  the  most  eloquent  speeches  I  had 
then  or  have  since  listened  to.  I  have  heard  many  speeches, 
in  both  Federal  and  state  courts,  but  this  speech  attracted  my 
attention  particularly,  and  I  distinctly  remember  some  of  his 
lofty  and  well-sustained  figures  of  fancy,  his  bold  figures  of 
speech,  and  flowing  diction,  accompanied  by  graceful  and 
forcible  gestures,  setting  off  his  eloquence  to  the  best  advan- 
tage, and  stamping  him  as  a  most  gifted  young  orator.  Mr. 
Bates  followed  Mr.  Primm  in  a  masterly  speech,  and,  casting 
his  eye  upon  him,  said,  '  I  am  proud  of  that  boy,'  alluding  to 
Mr.  Primm's  having  been  one  of  his  students." 


THOMAS    C.   BURCH. 

Mr.  Rurch  came  to  Missouri  from  Tennessee  when  a 
child,  with  his  father,  who  settled  in  Howard  County.  He 
had  no  particular  educational  advantages,  and  at  the  age  of 
about  twenty  commenced  the  study  of  the  law  with  Judge 
Robert  W.  Wells,  of  Jefferson  City.  The  Hon.  George  W. 
Miller,  present  judge  of  the  Cole  Circuit,  was  a  student  of 
Judge  Wells  at  the  same  time,  and  speaks  highly  of  Mr. 
Burch's  legal  attainments. 

He  completed  his  studies  in  1831,  and  during  that  year  ob- 
tained a  license  to  practice,  and  located  in  Richmond,  Ray 
County. 

He  was  regarded  as  a  promising  young  lawyer,  and  soon 
acquired  a  reasonable  share  of  the  practice.  He  is  repre- 
sented as  being  affable  and  pleasant  in  his  manners,  and  a 
close  and  diligent  student. 

At  the  session  of  the  Legislat*ure  in  1838-9  the  Eleventh 
Judicial  Circuit  was  created,  and  Mr.  Burch  became  its  judge. 
He  held  but  two  terms  of  his  court  when,  at  Keytesville,  in 
Chariton  County,  where  he  was  holding  court,  he  had  to  meet 
that  fell  destroyer  that  respects  neither  age  nor  condition. 
The  death  of  one  so  young  and  promising,  and  at  a  period 
in  life  when  he  had  a  right  to  hope  for  success  and  distinc- 
tion, cast  a  deep  gloom  over  the  entire  community. 

Judge  Burch  was  a  man  of  kind  and  tender  heart,  and, 
though  accustomed  to  listen  often  to  the  details  of  crime  and 
violations  of  law,  greatly  deprecated  the  contentions  and 
strife  which  too  frequently  occur  even  in  well-regulated 
society. 

The  following  was  related  to  us  by  a  prominent  member 
of  the  bar  who  witnessed  the  occurrence  :  In  holding  one  of 
his  courts  he  was  called  upon  to  try  a  case  instituted  by  a 
poor  woman  to  recover  from  a  neighbor  a  calf  which  both 


488  BENCH  AND   BAR   OF  MISSOURI. 

claimed.  It  was  at  the  close  of  the  term,  and  he  was  has- 
tening to  get  ready  to  start  for  the  next  court.  In  looking 
over  the  paper  he  discovered  that  the  case  involved  nothing, 
and  was  likely  to  consume  several  days ;  so  he  turned  to  the 
plaintiff's  counsel  and  reproved  him  for  instituting  so  frivo- 
lous a  suit.  The  counsel  remarked  that  it  was  not  the  value 
of  the  calf  for  which  he  was  contending,  but  that  he  was 
battling  for  the  eternal  principles  of  justice. 

"Well,"  said  the  judge,  addressing  the  defendant's  coun- 
sel, "what  are  you  fighting  for?" 

"  For  the  same  that  my  learned  brother  is  professing  to 
seek — the  ever-living  and  eternal  principles  of  right.'' 

"Mr.  Clerk,"  said  the  judge,  "  how  many  witnesses  have 
been  subpoened  in  this  case  ?  " 

"  Forty,  your  honor." 

"  Do  you  want  your  fees  in  the  case?  " 

"  No,  sir ;  I  will  relinquish  them  if  it  will  tend  to  settle 
the  case." 

"  Mr.  Sheriff,  have  you  any  claim  for  your  services  ?  " 

"  No,  sir;  like  the  clerk,  I  will  abandon  my  fees  if  the  case 
stops  here." 

Coming  down  from  the  belich  and  approaching  the  plaint- 
iff, the  judge  said,  "  Madam,  how  much  do  you  want  for 
your  calf?  " 

"  It  is  worth  four  dollars,"  replied  the  widow. 

The  judge  thereupon  took  from  his  pocket  $^,  and,  hand- 
ing the  money  to  the  widow,  said,  "  Mr.  Clerk,  strike  this 
case  from  the  docket." 

Judge  Burch  was  a  man  of  more  than  ordinary  ability,  and 
gave  promise  of  much  future  usefulness. 

We  are  not  advised  as  to  the  cause  of  his  death,  nor  do 
we  know  whether  he  left  a  family. 


Jacob  Smith. 

We  have  no  recollection  of  ever  meeting  with  this  gentle- 
man. He  was  a  prominent  lawyer,  residing  in  Linneus, 
Linn  County.  He  was  born  on  March  3,  18 16,  in  Adair 
County,  Kentucky.  His  parents  were  originally  from  Vir- 
ginia, and  had  been  in  Kentucky  but  a  short  time  when 
their  son  Jacob  was  born.  He  received  a  good  English 
education,  but  never  had  an  opportunity  of  studying  the 
languages.  As  he  approached  manhood  he  taught  school, 
and  devoted  his  leisure  hours  to  the  study  of  the  law.  He 
was  admitted  to  the  bar  in  Kentucky  in  1844,  and  after 
practicing  two  years  in  his  native  state  removed  to  Missouri 
and  located  in  the  county  of  Linn,  where  he  resided  up  to 
the  time  of  his  death. 

In  185 1  the  people  of  Linn  elected  him  to  the  State 
Legislature,  and  he  was  soon  recognized  in  that  body  as  a 
man  of  decided  ability.  He  took  an  active  part  in  the  de- 
bates, and  though  a  decided  Whig  in  his  political  tenets, 
was  moderate  and  conservative  in  his  views,  and  enjoyed  the 
confidence  of  the  opposition  members.  In  1853  he  was 
made  judge  of  the  Probate  Court  of  his  county,  and  held 
the  office  four  years.  Though  born  in  a  slave  state,  he  took 
a  firm  stand  against  secession,  and,  upon  the  breaking-out 
of  the  war,  united  with  Colonel  Jacob  Tindall  in  recruiting 
and  organizing  the  Twenty-third  Infantry  of  Missouri  Vol- 
unteers, and  became  a  lieutenant-colonel  in  the  regiment 
and  proved  himself  a  gallant  soldier.  Judge  Smith  was  also 
elected  to  the  Convention  called  to  take  into  consideration 
the  relations  of  the  state  to  the  Federal  government.  His 
colleagues  were  Colonel  A.  M.  Woolfork,  of  Livingston 
County,  and  William  Jackson,  of  Putnam.  He  pursued  in 
the  Convention  a  very  conservative  course  ;  counseled  mod- 
eration, and    contended  that  whatever    cause    of  complaint 


490  BENCH  AND  BAR   OF  MISSOURI. 

the  South  had,  her  remedy  was  in  the  Union,  and  not  out  of 
it.  Had  the  leading  men  of  the  South  adopted  his  poHcy, 
the  country  would  have  been  spared  one  of  the  most 
calamitous  and  unnatural  wars  that  ever  engaged  mankind. 

In  December,  i86i,  he  was  appointed,  by  Governor  Gam- 
ble, judge  of  the  Eleventh  Judicial  Circuit,  and  he  faithfully 
discharged  the  duties  of  that  responsible  position  until  1864. 
On  January  9,  1865,  a  mob  seized  and  took  possession  of 
the  town  of  Linneus,  and  while  in  the  act  of  robbing  the 
treasury  Judge  Smith  interposed  his  authority  as  a  con- 
servator of  the  peace,  and,  in  attempting  to  quell  the  vio- 
lence of  the  mob,  received  a  gunshot  wound,  from  the 
effects  of  Avhich  he  died  the  following  day.  He  thus  fell  in 
the  full  tide  of  professional  success,  and  while  endeavoring 
to  put  down  violence  and  misrule. 

Judge  Smith  was  of  strong  muscular  frame,  near  six  feet 
high,  with  dark  hair  and  eyes,  and  an  animated  expression 
of  countenance.  By  those  who  enjoyed  his  personal  ac- 
quaintance he  was  represented  as  very  social  in  his  habits, 
strongly  attached  to  his  friends,  and  a  generous  and  noble- 
hearted  man.  As  a  judge  he  was  firm,  decided,  and  im- 
partial ;  as  a  lawyer  he  stood  high  at  the  bar,  always  com- 
manded a  fair  practice,  and  enjoyed  more  than  an  average 
professional  success. 

He  made  no  pretensions  to  finished  elocution,  yet  was  a 
forcible,  clear-headed,  and  logical  speaker,  relying  more 
upon  his  analyzation  of  the  facts  of  a  case  than  any  attempt 
at  showy  declamation. 

"  Deatli  borders  upon  our  birth, 

And  our  cradle  stands  in  the  grave." 


William  H.  Davis. 

That  portion  of  Missouri  known  as  the  North  Grand  River 
Country  possessed  at  an  early  day  many  lawyers  of  ability, 
among  whom  was  William  Harrison  Davis,  of  Keytesville, 
Chariton  County. 

Mr.  Davis  was  born  in  Nelson  County,  Kentucky,  on  No- 
vember 29,  181 1,  and  came  with  his  parents  to  Missouri  Ter- 
ritory in  1820,  and  settled  in  Chariton  County,  which  then 
had  a  very  sparse  population;  but  the  country  was  in  a  rapid 
state  of  improvement,  and  presented  many  inducements  to 
the  immigrant.  Like  all  countries  just  opening  to  settlement, 
it  contained  but  very  limited  means  to  educate  the  young. 
Now  and  then  some  enterprising  Yankee  would  stop  and 
teach  school  for  one  or  two  terms,  and  then  push  on  to  parts 
unknown.  Frequently  they  would  be  without  a  teacher  for 
six  months  at  a  time.  It  was  this  system  of  itinerant  teach- 
ing that  young  Davis  had  to  rely  upon  to  obtain  the  rudi- 
ments of  an  English  education ;  but  he  improved  it  better 
than  the  average  run  of  boys,  for,  though  addicted  to  frolic 
and  mischief,  he  was  studious,  and  fond  of  his  books,  and 
always  stood  well  in  his  class. 

There  is  a  story  of  his  boyhood  that  is  worth  relating: 
There  were  two  rival  schools  in  the  neighborhood,  and 
young  Davis  went  to  the  one  that  was  taught  by  the  Rev. 
Ebenezer  Rogers,  who  was  raised  among  the  Quakers  and 
had  imbibed  their  antipathy  to  war  and  bloodshed.  On  sev- 
eral occasions  he  had  cautioned  his  pupils  to  avoid  all  con- 
tentions and  disputes  with  the  boys  of  the  other  school ;  but 
young  Davis  was  a  Kentuckian,  delighted  in  the  manly  art, 
and  could  not  see  the  necessity  for  his  teacher's  admonition, 
so  he  occasionally  measured  his  strength  with  the  champions 
of  the   rival  institution.     On   one  occasion  the  fact  reached 


492  BENCH  AND  BAR    OF  MISSOURI. 

the  ears  of  the  Rev.  Ebenezer,  who  never  spared  the  rod 
when  advised  of  any  violation  of  his  rules.  As  young 
Davis  came  into  the  school-room,  with  a  face  not  much 
improved  by  the  rencounter,  the  teacher,  with  a  raised  fer- 
ule and  angry  countenance,  demanded  to  know  if  he  had 
been  in  a  fight,  and  receiving  an  affirmative  answer,  was 
about  to  chastise  the  offender,  when  William  said,  looking 
at  him  squarely  in  the  eye,  "  I  met  one  of  their  big  boys,  sir, 
and  he  said  you  was  a  tory  and  an  ass,  and  I  couldn't  stand 
that;  so  I  gave  him  a  good  thrashing."  In  a  moment  the 
ferule  was  quietly  laid  upon  the  table,  and  William  pleasantly 
directed  to  take  his  seat.  Such  quickness  of  perception 
and  consummate  strategy  are  very  rare  in  a  boy  of  that  age. 

When  but  sixteen,  young  Davis  entered  as  an  apprentice 
in  a  printing-office  at  Fayette,  Howard  County,  and  soon 
learned  the  trade.  In  the  fall  of  1833  he  and  a  man  by  the 
name  of  Kelly  established  a  paper  in  Liberty,  Clay  County, 
called  The  Enquirer,  and  at  the  end  of  the  year  he  sold  his 
interest  to  his  partner  and  commenced  the  study  of  the  law 
in  the  office  of  General  John  Wilson,  at  Fayette,  with  whom 
he  remained  about  two  years,  when  he  was  licensed  to  prac- 
tice by  the  Supreme  Court  of  the  state,  and  located  at 
Keytesville,  where  he  resided  till  his  death,  which  took  place 
on  June  21,  1845,  at  the  early  age  of  thirty-three. 

Mr.  Davis  belonged  to  the  old  Whig  school  of  politics,  and 
though  he  often  indulged  in  political  discourses,  never  became 
a  candidate  for  any  office.  The  state  was  Democratic,  and 
no  one  of  his  faith  could  hope  for  political  distinction ;  hence 
he  applied  himself  very  diligently  to  his  profession,  never  re- 
linquishing his  studious  habits,  and  soon  took  high  rank  at 
the  bar  —  no  empty  compliment  when  he  had  to  contend 
with  such  men  as  Leonard,  Clark,  Wilson,  Adams,  and  Joe 
Davis,  all  of  whom  attended  the  Chariton  Court  and  the 
courts  of  the  adjacent  counties. 

Mr.  Davis  was  a  vigorous,  earnest,  and  logical  speaker, 
and  at  times  quite  eloquent.  As  a  jury  lawyer,  in  particular, 
he  had  but   few  equals,  for  he  rarely  made   a  mistake  in  his 


WILLIAM  H.  DA  VIS.  493 

estimate  of  men.      He  seemed  to   divine  the  peculiarities  of 
each  juror,  and  shaped  his  argument  accordingly. 

At  the  time  of  his  death  he  was  rising  very  rapidly,  and 
had  life  been  spared  to  him,  must  have  attained  a  very  envi- 
able position  in  the  profession. 

"  Tlie  world's  a  bubble,  and  the  life  of  man  less  than  a  span." 


Henry  m.  vories. 

This  able  jurist  and  lawyer  was  a  great  favorite  with  the 
bar  of  Missouri.  We  first  met  him  at  St.  Joseph  in  1862, 
while  holding  a  term  of  the  Supreme  Court  there.  He  and 
Governor  Willard  P.  Hall  were  the  acknowledged  leaders 
of  the  St.  Joseph  bar,  and  were  retained  in  almost  every  case 
of  much  magnitude.  He  was  engaged  before  us  in  the  ar- 
gument of  several  cases,  and  it  required  no  effort  to  discover 
that  he  was  a  lawyer  of  fine  erudition.  He  had  a  pleasant 
and  easy  delivery,  and  his  mind  was  essentially  logical. 

When  we  come  to  understand  the  difficulties  he  encoun- 
tered in  early  life,  his  professional  success  seems  almost 
miraculous. 

He  was  born  in  Henry  County,  Kentucky,  in  18 10,  and  was 
of  German  descent.  His  father  was  a  respectable  farmer, 
with  a  fair  education  and  in  easy  circumstances,  and  brought 
his  sons  up  to  labor  on  the  farm,  never  intending  them  for 
any  of  the  learned  professions. 

Henry  was  a  wild  boy,  fond  of  play  and  frolic,  and  if  any 
mischief  was  perpetrated  in  the  neighborhood  he  was  sure  to 
have  a  hand  in  it,  and  was  ever  ready  to  assume  his  share  of 
the  responsibility.  There  was  nothing  vicious  or  ill-natured 
about  him  ;  on  the  contrary,  he  was  a  boy  of  good  heart  and 
generous  disposition,  and  a  great  favorite  with  the  old  as  well 
as  the  young;  but  he  looked  upon  life  as  something  to  be 
enjoyed,  and  could  not  resist  the  temptation  to  embark  in 
every  undertaking  that  promised  a  little  merriment.  He  re- 
mained with  his  father  till  he  was  seventeen,  and  although 
his  education  extended  no  farther  than  reading  and  writing, 
he  determined  to  start  out  in  the  world  and  become  the 
architect  of  his  own  fortune.  He  purchased  a  stallion  and 
took  him  to  Danville,  Indiana,  where  he  exhibited  him  on  all 
public   occasions,  occasionally   working  on  the  neighboring 


HENRY  M.    VORIES.  495 

farms  and  doing  such  jobs  as  fell  in  his  way.  He  made  ac- 
quaintances rapidly,  and  took  well  with  the  people.  He  was 
a  "  hail-fellow  well  met "  with  all,  and  could  drink  as  much 
whisky  as  any  of  them.  About  this  time  the  Black  Hawk 
War  broke  out,  and  he  volunteered  as  a  private  and  served 
during  the  war.  However  patriotic  he  may  have  become,  it 
is  not  probable  that  his  morals  underwent  any  decided  im- 
provement while  in  the  army. 

At  the  close  of  the  war  he  returned  to  Danville  and  com- 
menced merchandising  on  a  small  scale.  He  must  have  mar- 
ried about  this  time,  but  he  soon  lost  his  wife,  who  left  him 
with  one  child.  She  died  quite  suddenly.  He  continued 
his  mercantile  business  and  made  some  money,  and  when 
about  thirty  years  of  age  embarked  in  an  extensive  pork 
speculation,  which  proved  disastrous.  He  spent  a  year  in 
closing  up  his  business,  and  found  that  he  was  in  debt  to  the 
amount  of  ^10,000,  and  had  no  assets  whatever.  His  cred- 
itors offered  to  compromise  with  him  on  very  liberal  terms, 
but  he  expressed  a  determination  to  pay  every  dollar  of  his 
indebtedness,  with  interest,  and  in  a  few  years  did  so.  This 
act  of  his  life  denoted  the  highest  integrity,  and  he  was  ever 
afterwards  regarded  as  of  great  probity  of  character. 

It  seems  strange  that  he  should  at  this  time  have  enter- 
tained the  idea  of  studying  law,  for,  as  before  stated,  he  had 
no  education,  and  had  never  read  a  book  through  in  his  life. 
He  applied  to  an  attorney  in  Danville  for  permission  to  read 
in  his  office,  which  was  readily  granted,  and  here,  at  the  age 
of  thirty-one,  he  commenced  his  legal  studies.  He  had  not 
read  many  months  before  he  commenced  attending  the  courts 
of  justices  of  the  peace,  was  employed  in  a  few  cases,  and  in 
time  became  quite  a  good  justice-of-the-peace  lawyer. 

This  was  his  only  reliance  for  a  support,  yet  he  had  the 
courage  to  marry  again,  and  took  for  his  wife  a  Miss  Kake, 
who  proved  to  be  a  very  estimable  lady. 

After  studying  two  years,  Mr.  Vories  was  admitted  to  the 
bar  of  Indiana,  but  it  is  not  probable  that  he  practiced  there 
in  the  courts  of  record,  for  in  1844  he  started  with  his  family 
for  Buchanan  County,  Missouri,  and  on  reaching  Plattsburg, 


496  BENCH  AND  BAR   OF  MISSOURI. 

in  Clinton  County,  he  and  most  of  his  family  were  taken 
sick,  and  he  was  without  a  dollar  to  buy  medicine  or  bread. 
Under  these  circumstances  most  men  would  have  despaired, 
but  he  expressed  a  confidence  that  all  would  turn  out  right, 
and  endeavored  to  inspire  his  suffering  family  with  cheerful- 
ness. By  good  fortune  he  fell  in  with  James  H.  Birch,  Esq., 
who  was  connected  with  the  Land  Office  at  Plattsburg,  and 
who  afterwards  became  a  judge  of  our  Supreme  Court. 
Making  known  his  condition  to  Mr.  Birch,  that  gentleman 
kindly  supplied  him  with  means  to  procure  provisions  for  his 
family.  It  is  gratifying  to  know  that  these  gentlemen,  both 
of  whom  afterwards  filled  the  highest  judicial  position  in  the 
state,  became  warm  and  devoted  friends,  and  continued  so 
through  life. 

As  soon  as  able  to  travel,  Mr.  Vories  started  for  Sparta, 
which  was  then  the  county-seat  of  Buchanan,  and  there  he 
located  in  the  practice  of  the  law. 

He  often  said  that  at  this  time  he  was  so  poor  that  he  was 
forced  to  sell  his  only  ax  to  buy  bread  for  his  family.  But 
his  cheerful  disposition,  pleasant  demeanor,  and  affable  man- 
ners soon  attracted  attention,  and  he  was  invited  by  William 
B.  Almond,  Esq.,  to  a  partnership.  This  ended  his  days  of 
poverty  and  want,  for  from  that  time  fortune  smiled  upon 
him,  and  Henry  M.  Vories  became  one  of  the  most  popular 
and  successful  lawyers  in  north-western  Missouri.  It  is  said 
that  the  ways  of  Providence  are  past  finding  out,  but  surely 
the  life  of  Henry  M.  Vories  ought  to  give  encouragement  to 
hundreds  who  are  struggling  for  professional  success  under 
circumstances  far  less  adverse.  Upon  the  removal  of  the 
county-seat  from  Sparta  to  St.  Joseph,  Mr.  Vories  took  up 
his  residence  in  the  latter  place,  bought  a  small  farm  in  the 
suburbs  of  the  city,  and  lived  there  till  his  death,  with  the 
exception  of  about  three  years  he  spent  in  California. 

In  1856  he  was  nominated  by  the  Democratic  party  for 
Congress,  when  a  nomination  was  equivalent  to  an  election. 
It  is  said  that  he  accepted  the  nomination  with  great  reluc- 
tance, and  although  his  election  was  placed  beyond  any 
doubt,  he  changed  his  mind  and  declined. 


HENRY  M.    VORIES.  .      497 

In  1856  he  moved  to  San  Jose,  in  California,  and  practiced 
there  until  1859,  when  he  returned  to  Missouri  and  resumed 
the  practice  at  St.  Joseph.  While  in  California  he  practiced 
in  partnership  with  Lawrence  Archer,  Esq. 

In  November,  1872,  Mr.  Vories  was  elected  judge  of  the 
Supreme  Court,  and  was  on  the  bench  at  the  time  of  his 
death. 

We  are  not  aware  of  his  holding  any  other  office,  though 
we  have  an  impression  that  he  was  a  delegate  to  the  Consti- 
tutional Convention  of  1845. 

He  took  great  delight  in  horticulture,  and  raised  upon  his 
place  some  of  the  choicest  varieties  of  the  grape.  He  was 
kind  enough  to  take  us  through  his  vineyard  and  orchard, 
which  gave  evidence  of  the  highest  culture. 

We  have  said  that  Judge  Vories'  mind  was  essentially 
logical.  His  published  opinions  as  contained  in  our  State  Re- 
ports leave  no  doubt  as  to  this.  He  made  no  pretensions  to 
orator}^  and  his  style  was  purely  conversational,  yet  few  men 
were  more  capable  of  holding  the  attention  of  a  court  or 
jury. 

When  addressing  a  jury  he  would  place  himself  in  close 
proximity  to  them,  and,  if  the  case  was  of  much  magnitude, 
would  single  out  each  juror  by  name  and  address  himself 
particularly  to  that  one,  as  though  relying  upon  his  individual 
intelligence  for  a  proper  solution  of  the  case.  This  rare 
faculty,  when  properly  executed,  yields  a  powerful  influence. 
It  is  said  that  Madam  de  Stael,  the  French  authoress,  and 
leader  of  Parisian  court  society  during  the  consulship  of  the 
first  Napoleon,  had  it  in  a  remarkable  degree.  She  would 
converse  with  a  dozen  gentlemen  at  the  same  time,  and  in- 
spire each  with  the  belief  that  he  was  the  chief  object  of  her 
thoughts. 

Another  element  of  Judge  Vories'  success  is  found  in  the 
fact  that  he  made  himself  one  of  the  people  —  in  fact,  he  was 
one  of  them  —  and  it  was  impossible  to  draw  a  line  of  dis- 
tinction between  Judge  Vories  the  lawyer  and  Judge  Vories 
the  citizen.  The  people  took  a  pride  in  claiming  him  as 
their  own,  and,  as  such,  exulted  in  his  success. 
32 


49^  BENCH  AND  BAR   OF  MISSOURI. 

The  last  time  we  saw  him  was  while  holding  a  term  of  his 
court  in  St.  Louis.  He  had  become  so  infirm  from  rheuma- 
tism, and  other  causes,  that  it  was  with  the  utmost  difficulty 
that  he  walked  from  the  court-house  to  his  hotel.  He  died 
at  home,  October  29,  1876. 

He  left  a  widow  and  several  children. 


URIEL    WRIGHT. 

Among  the  gifted  men  of  the  Missouri  bar  who  dazzled 
the  public  mind  with  their  genius  and  eloquence,  none  ranked 
higher  than  the  subject  of  this  sketch,  the  Prentiss  of  Mis- 
souri. A  part  of  his  professional  life  was  spent  in  Marion 
County,  and  most  of  the  remainder  in  the  city  of  St.  Louis, 
which  became  the  scene  of  his  greatest  professional  triumph. 

It  is  too  so(^n,  by  at  least  a  generation,  to  sketch  the  life  of 
one  whose  want  of  moral  stamina  turned  the  public  eye  from 
his  genius  and  oratorical  superiority.  Human  jealousy  and 
a  want  of  charity  for  our  imperfections  will  not  permit  us  to 
appreciate  a  man's  worth  or  intellect  until  his  faults  pass  out 
of  memory,  and  his  genius  can  be  viewed  disconnected  from 
his  errors  and  frailties. 

It  took  England  a  century  after  the  death  of  Shakespeare 
to  find  out  what  a  genius  had  lived  in  her  midst,  and  a  cen- 
tury hence  his  fame  as  a  dramatic  writer  and  delineator 
of  human  character  will  far  exceed  its  present  estimate. 
America  is  just  beginning  to  find  out  that  she  had  a  poet  in 
the  person  of  Edgar  A.  Poe,  and  it  will  take  another  genera- 
tion before  "  The  Raven  "  takes  its  deserved  place  among 
the  finest  ebullitions  of  poetic  genius.  If  a  member  of  the 
Virginia  House  of  Burgesses,  who  sat  by  Patrick  Henry  and 
heard  his  powerful  anathemas  against  British  oppression, 
should  rise  from  his  grave,  he  would  not  recognize  the  Pat- 
rick Henry  of  to-day.  Though  he  did  more  than  any  living 
man  to  kindle  the  fires  of  the  Revolution,  yet  it  required  the 
descriptive  genius  of  a  Wirt  to  force  upon  the  American 
people  a  realization  of  the  great  power  of  the  Virginia  orator. 

These  reflections  not  only  apply  (though  in  a  less  degree) 
to  Major  Wright,  but  to  all  public  men  who  achieve  distinc- 
tion in  any  particular  vocation. 

Major    Wright    was   born  at   Madison    Court-House,   Vir- 


500  BENCH  AND   BAR    OF  MISSOURI. 

<jinia,  in  (805,  and  on  the  maternal  side  descended  from  the 
Johnsons  and  Barbours,  old  Virginia  families,  and  noted  for 
their  talents  and  patriotism.  Young  Wright  at  a  very  earl)' 
period  exhibited  a  mental  power  far  above  his  years,  and 
attracted  the  particular  notice  of  Governor  Barbour,  who 
obtained  for  him  a  commission  as  cadet  at  West  Point.  The 
education  he  received  there  proved  highly  advantageous  to 
him  in  after-life,  but  in  obedience- to  the  wish  of  his  father, 
expressed  on  his  death-bed,  he  left-  the  institution  before 
graduating,  and  entered  upon  the  study  of  the  law  with 
Judge  Philip  P.  Barbour,  of  Orange  County,  and  graduated 
in  Judge  Tucker's  law  school  at  Winchester.  He  was  then 
admitted  to  the  bar,  and  practiced  in  his  native  county  about 
five  years.  In  the  meantime  he  married,  and  in  1833 
removed  to  Missouri  and  settled  in  Palmyra,  Marion  County, 
and  practiced  in  most  of  the  courts  in  north-east  Missouri. 
The  Marion  bar  is,  and  always  has  been,  a  strong  bar ;  but 
Major  Wright's  social  habits  and  fine  qualities  as  a  speaker 
soon  gave  him  a  good  practice.  About  this  time  land  specu- 
lations ran  very  high,  and  every  man  who  had  a  quarter-sec- 
tion on  the  Mississippi,  or  any  other  river,  laid  out  a  town, 
expecting  that  in  a  few  years  a  large  city  would  spring  up 
and  his  town  lots  sell  at  marvelous  prices.  Major  Wright 
fell  an  early  victim  to  the  fever,  and,  with  others,  invested  all 
his  means  in  Marion  City,  a  city  only  seen  on  paper,  and 
which  at  the  first  high  flood  took  its  departure  for  a  more 
southern  clime.  This  unfortunate  investment  induced  him 
to  remove  to  St.  Louis,  where  he  passed  the  most  active  part 
of  his  life.  Before,  however,  coming  to  St.  Louis  he  served 
one  term  in  the  State  Legislature  as  a  representative  from 
Marion.  This  was  the  winter  of  1836-7.  During  that  ses- 
sion we  were  in  Jefferson  City,  and  heard  him  on  several 
occasions  address  the  House,  and  became  impressed  with  his 
great  power  as  a  debater. 

We  knew  him  from  that  time  until  he  left  Missouri.  The 
session  was  not  half  over  before  he  ranked  as  one  of  the 
finest  declaimers  in  the  body  —  in  fact,  he  had  no  equal, 
unless  it  was  General   Doniphan,  a  representative  from  Clay 


URIEL    WRIGHT.  ^0\ 

County.  But  they  never  came  in  conflict,  for  they  belonged 
to  the  same  poHtical  organization,  and  were  in  accord  upon 
all  questions  giving  rise  to  debate. 

Major  Wright  came  to  St.  Louis  with  a  high  reputation  as 
an  orator  and  criminal  advocate,  and  stepped  at  once  into  a 
profitable  criminal  practice.  There  was  scarcely  a  case  of 
homicide,  or  any  other  important  criminal  prosecution,  in 
which  his  services  were  not  employed,  and  his  success  far 
exceeded  that  of  any  other  criminal  lawyer.  We  saw  him 
in  the  case  of  The  State  vs.  Chiles,  upon  a  charge  of  embez- 
zlement ;  The  State  vs.  Worrill,  an  indictment  for  murder, 
in  which  we  appeared  in  behalf  of  the  state,  an  interesting 
account  of  which  is  given  in  our  sketch  of  General  John  D. 
Coalter ;  The  State  vs.  O'Bennis  ;  The  State  vs.  Jackson,  for 
the  murder  of  Laidlaw ;  The  State  vs.  Lopez,  for  embezzle- 
ment ;  and  Carstang  vs.  Shaw,  referred  to  in  the  memoir  of 
James  R.  Lackland. 

In  all  of  these  he  proved  himself  entitled  to  a  place  in  the 
front  rank  of  the  profession,  and,  as  an  advocate,  the  superior 
of  any  man  at  the  Missouri  bar.  It  is  a  great  misfortune 
that  no  report  of  these  cases,  and  the  speeches  of  counsel, 
have  been  preserved  — an  omission  that  admits  of  no  excuse 
or  apology.  Many  hardened  criminals,  who  richly  deserved 
the  halter,  have  escaped  through  the  powerful  jury-appeals 
of  Major  Wright. 

He  had  a  fine  knowledge  of  men,  and,  when  engaged  in 
cases  of  an}'  magnitude,  scrutinized  with  great  care  and 
deliberation  every  juror  summoned  in  a  case.  In  cases 
involving  life  he  made  it  a  point  to  learn  the  character,  hab- 
its, and  peculiarities  of  every  juror  on  the  panel,  and 
selected  them  with  reference  to  the  line  of  defense  he 
expected  to  set  up ;  and  in  this  he  rarely  made  a  mistake. 
If  he  designed  to  operate  upon  their  sympathies,  he  chose 
men  of  weak  intellects  and  kind  hearts,  and  who  might  be 
supposed  to  be  averse  to  capital  punishment.  If,  on  the 
contrary,  his  purpose  was  to  maintain  that  a  homicide  was 
excusable  or  justifiable,  he  would  select  men  of  high  tem 


S02  BENCH  AND  BAR   OF  MISSOURI. 

per,  excitable  nature,  and  who  are  ever  ready  to  resent  an 
injury  or  insult,  real  or  imaginary.  If  his  client  was  a  man 
of  low  repute,  and  without  friends,  he  endeavored  to  obtain 
a  jury  of  the  same  kidney;  but  if  he  had  character,  posi- 
tion, or  wealth,  he  aimed  to  get  jurors  of  high  standing  and 
influence  in  the  community.  In  a  word,  he  tried  to  select  a 
jury  with  reference  to  his  defense,  and  the  probability  of 
their  being  influenced  by  his  powers  of  oratory.  When  the 
jury  was  finally  impaneled,  he  regarded  his  labor  as  half  fin- 
ished. When  he  had  no  plausible  ground  of  defense,  he 
would  endeavor  to  get  before  the  jury  the  declarations  of 
the  prisoner,  under  the  pretense  that  the  prosecution  had 
opened  the  door  for  their  admissibility,  and,  to  lay  such  a 
foundation,  would  very  adroitly  attempt  to  lead  the  state 
into  a  course  of  examination  likely  to  effect  such  a  result. 

A  most  remarkable  instance  of  this  occurred  in  the  case  of 
The  State  vs.  Jackson,  for  the  murder  of  Laidlaw.  At  the  Va- 
rieties Theater  in  St.  Louis  there  was  a  beautiful  and  talented 
young  actress  by  the  name  of  S .  She  had  been  a  ballet- 
dancer,  but,  evincing  much  talent  for  tragedy,  finally  made  a 
successful  debut  on  the  stage.  She  was  tall,  graceful,  queen- 
like, and  exceedingly  attractive  in  both  person  and  manners. 
As  the  story  goes,  she  was  living  in  intimate  relations  with  a 
merchant  of  standing  and  means,  but  became  enamored  with 
Laidlaw,  who  was  a  scenic  painter  at  the  same  theater,  and  a 
very  promising  young  artist.  The  attachment  was  mutual, 
and  an  engagement  of  marriage  followed.  The  merchant,  on 
learning  it,  determined  to  get  him  out  of  the  way,  and  hired 
Jackson,  who  was  a  man  of  low  instincts,  daring  and  reckless, 
to  do  the  work.  Jackson  tried  all  means  to  provoke  a  quar- 
rel with  Laidlaw,  but  the  easy,  good  disposition  of  the  latter 
proved  an  obstacle.  He  then  went  to  a  livery-stable,  hired 
a  buggy,  and  invited  Laidlaw  to  take  a  ride  with  him  to 
the  Abbey,  a  favorite  place  of  resort  three  miles  from  the 
city,  and  there  they  spent  two  or  three  hours  in  playing  cards 
and  pitching  quoits.  They  then  left  the  Abbey,  near  night, 
and  went  out  on  a  road  called  King's  Highway,  and  that  was 


URIEL    WRIGHT.  503 

the  last  seen  of  Laidlaw  alive.  His  body  was  found  early 
the  next  morning  in  the  road,  with  a  pistol-ball  through  his 
head,  and  Jackson,  who  had  returned  the  buggy  to  the  livery- 
stable,  was  arrested  for  the  murder.  Upon  his  trial  the  evi- 
dence was  clear  and  conclusive  against  him,  but  Major  Wright 
contended  that,  inasmuch  as  the  state  introduced  some  decla- 
rations of  the  prisoner  against  him,  he  had  a  right  upon  cross- 
examination  to  introduce  all  the  statements  of  the  accused 
made  to  the  witness  on  the  same  day,  maintaining  that 
though  it  occurred  at  different  places,  and  at  different  times, 
yet  it  was  a  part  and  parcel  of  the  same  conversation.  The 
point  made  by  Major  Wright  was  sustained  by  the  court,  and 
the  declaration  of  Jackson  that  he  killed  him  in  self-defense 
went  to  the  jury.  There  was  not  a  particle  of  evidence 
to  corroborate  it,  but  the  jury,  being  composed  of  very 
weak  men,  were  completely  carried  away  by  the  ingenuity 
and  eloquence  of  Major  Wright,  and  one  of  the  coldest- 
blooded  murders  ever  perpetrated  in  or  around  St.  Louis 
went  unpunished. 

By  one  of  the  most  powerful  forensic  efforts  we  ever 
heard  he  succeeded  in  obtaining  from  another  stupid  jury  a 
verdict  of  ;$  100,000  in  a  breach-of-promise  case,  in  behalf 
of  a  woman  who,  to  say  the  least,  was  proved  to  be  of 
doubtful  virtue,  against  one  of  the  oldest,  wealthiest,  and 
most  esteemed  citizens  of  St.  Louis  (see  our  memoir  of 
James  R.  Lackland).  It  is  true,  the  verdict  was  set  aside, 
and  at  the  next  trial,  before  an  intelligent  jury,  the  verdict 
was  for  the  defendant;  but  the  result  of  the  first  trial  showed 
the  great  power  of  Mr.  Wright  as  an  advocate.  The  short 
space  necessarily  allowed  to  these  memoirs  will  not  admit 
of  a  reference  to  other  cases  in  which  he  greatly  distin- 
guished himself  as  a  criminal  lawyer. 

It  was  supposed  by  many  that,  inasmuch  as  his  business 
was  mostly  confined  to  the  Criminal  Court,  he  was  in- 
capable of  mastering  the  intricacies  of  the  law  arising  in 
civil  cases.  No  greater  mistake  was  ever  committed,  for 
though  the  labor  of  legal  research  was  irksome  to  him,  yet 
we  have  seen  him  in  several  civil  actions  display  vq.x\  great 


504  BENCH  AND  BAR   OF  MISSOURI. 

legal  ability.  We  once  heard  him  argue  a  case  in  the 
Supreme  Court  of  the  state,  in  which  the  main  question  was 
whether  a  corporation  could  commit  a  libel.  The  question 
was  one  that  had  not  been  adjudicated,  at  least  in  this  state, 
and  the  argument  of  Major  Wright,  which  was  very  able 
and  excited  a  deep  interest,  drew  from  Judge  Scott  the 
highest  encomiums. 

The  style  of  Major  Wright's  oratory  was  sni generis.  He 
copied  from  no  one  and  imitated  no  one ;  his  gesticulation 
was  free,  easy,  and  graceful,  and  his  words  flowed  from  his 
lips  like  a  gentle,  placid  stream  without  a  ripple.  His  voice 
was  clear  and  musical,  and  he  could  modulate  it  at  his  will ; 
his  enunciation  was  distinct,  and  never  harsh  or  boisterous  ; 
his  invective  sharp,  scathing,  and  witty,  but  never  gross  or 
abrupt.  He  quoted  freely  from  the  classics,  and  often  called 
to  his  aid  his  fine  poetical  genius.  He  was  extremely  fond 
of  light  literature,  and  read  everything  under  that  head 
that  fell  in  his  way. 

We  regret  exceedingly  our  inability  to  furnish  any  speci- 
mens of  his  poetic  composition.  He  published  a  few  of  his 
poems,  and,  among  others,  one — "Pericles  and  Aspasia" — 
appeared  in  the  Knickerbocker,  a  magazine  that  never  pub- 
lished anything  but  of  the  first  class.  Accompanying  the 
publication  was  a  notice  from  the  editor,  stating  "  that  the 
bard  of  the  West  was  heard  and  appreciated  on  the  banks 
of  the  Hudson." 

Major  Wright  sent  a  printed  copy  of  his  speech  in  the 
Chiles  case  to  Prentiss,  of  Mississippi,  and  the  letter  of  Mr. 
Prentiss,  acknowledging  its  receipt,  was  addressed  to  Major 
Wright  as  "The  Orator  of  the  Mississippi  Valley"  — no  mean 
compliment,  coming  from  a  man  who  was  himself  regarded 
as  the  finest  curator  of  his  day. 

We  have  been  permitted  to  peruse  a  letter,  of  very  recent 
date,  from  a  distinguished  man  of  Virginia,  who  was  a  class- 
mate of  Major  Wright —  Robert  B.  Boiling,  Esq. —  who  men- 
tions the  -fact  that  Henry  A.  Wise,  the  Right  Rev.  Bishop 
Atkinson,  Charles  J.  Faulkner,  R.  W.  Conrad,  and  others 
who  became  very  eminent,  were  also  his  classmates,  and  that 


URIEL    WRIGHT.  5^5 

no  one  in  the  class  gave  promise  of  greater  distinction  than 
Major  Wright.  It  is  to  be  regretted  that  there  is  no  record 
of  any  of  Major  Wright's  great  speeches. 

As  Edward  Everett  truly  remarked,  "There  is  no  species 
of  intellectual  labor  of  the  highest  order  which  perishes  for 
want  of  a  contemporary  record  to  the  same  extent  as  that 
which  is  daily  exerted  in  the  courts  of  law." 

One  of  the  greatest  defects  in  Major  Wright's  character 
was  a  liability  to  be  carried  away  by  every  new  dogma  or 
theory  that  came  along,  no  matter  how  untenable.  He  early 
became  an  advocate  of  spiritualism  —  read  everything  that 
was  written  on  the  subject,  attended  all  the  private  and 
public  exhibitions,  and  for  a  long  period  of  time  became  so 
thoroughly  engrossed  in  it  that  he  would  scarcely  speak  of 
anything  else. 

Whether  he  ever  became  a  convert  to  mesmerism  we  are 
not  advised,  but  his  mind  leaned  towards  every  new-fangled 
doctrine  that  was  strange  and  startling.  We  have  heard  him 
advocate  in  the  strongest  terms  the  doctrine  of  irresistible 
impulse. 

In  the  Worrill  case  he  boldly  contended  before  the  jury 
that  if  the  prisoner  killed  Gordon  he  was  driven  to  it  by  a 
sudden  impulse  which  he  was  unable  to  control,  and,  there- 
fore, not  criminally  responsible.  By  way  of  illustration  he 
told  the  jury  that  on  one  occasion  he  rose  from  his  bed  at 
midnight  and  went  to  the  room  where  his  son  was  sleeping, 
with  the  full  determination  of  taking  his  life,  but  found  the 
door  locked,  which  prevented  him  from  executing  his  pur- 
pose.    He  gave  other  illustrations  of  it  no  less  remarkable. 

While  we  regard  him  as  one  of  the  brightest  intellects  of 
his  time,  truth  compels  us  to  allude  to  some  of  his  peculiari- 
ties which  are  difficult  of  explanation.  They  refer  chiefly  to 
his  want  of  stability  and  moral  power.  We  have  heard  him 
in  the  court-room  deliver  a  philippic  against  gambling  which 
brought  tears  from  every  eye,  and  yet,  in  a  few  hours  after- 
wards, saw  him  at  a  card-table,  indulging  in  a  game  of  draw 
poker.  We  have  heard  him  speak  to  a  jury  of  the  horrors  of 
intemperance  and  its  terrible  effects  upon   the  youth  of  the 


506  BENCH  AND  BAR   OF  MISSOURI. 

country,  and  on  the  same  evening  seen  him  playing  billiards, 
and  sipping  from  a  glass  of  brandy.  lie  was  not  by  any 
means  an  intemperate  man,  and  only  visited  such  places  as 
were  frequented  by  gentlemen,  but  his  indulgence  in  all 
kinds  of  amusements  and  games  prevented  him  from  occu- 
pying that  high  moral  position  which  in  all  large  communities 
is  essential  to  professional  success. 

In  1 86 1  he  expressed  himself  very  warmly  in  favor  of  the 
Union,  which  induced  the  anti-secession  party  to  place  him  on 
their  ticket  as  a  candidate  for  the  Convention  called  to  take 
into  consideration  the  relations  of  the  state  to  the  Federal 
government.  He  was  elected  —  receiving  a  larger  vote  than 
any  of  his  colleagues  —  took  his  seat,  and  delivered  several 
patriotic  addresses  in  behalf  of  maintaining  the  laws  and  the 
government.  At  the  second  session  of  the  same  Convention 
he  proclaimed  himself  a  secessionist,  and  made  a  secession 
speech  in  front  of  the  Planters'  House,  and  from  that  time 
became  thoroughly  identified  with  the  Rebellion.  He  joined 
General  Sterling  Price,  and  was  placed  on  his  staff,  and  after 
the  evacuation  of  Corinth  by  Beauregard,  entered  upon  the 
staff  of  General  Van  Uorn,  with  the  rank  of  major,  and  served 
with  him  until  ill  health  forced  him  to  retire  from  the  army. 
He  then  resumed  the  practice  of  the  law  at  Winchester,  Vir- 
ginia, where  he  remained  till  his  death,  which  occurred  on 
February  i8,  1869,  after  a  painful  illness  of  three  months. 
His  remains  repose  in  the  beautiful  valley  of  the  Shen- 
andoah. 

Major  Wright  was  fond  of  political  discussion,  and  often 
addressed  the  people  on  the  eve  of  an  important  election, 
but  never  evinced  any  particular  inclination  for  office  or 
position.  He  was  a  member  of  the  Harrisburg  Convention 
which  nominated  General  Taylor  for  the  presidency,  and  on 
returning  home  made  a  fine  canvass  in  his  behalf. 

Few  men  possessed  more  varied  knowledge  and  infor- 
mation than  Major  Wright,  and  he  was  as  familiar  with  the 
poets  and  dramatic  writers  as  he  was  with  the  horn-books 
of  his  profession.  He  could  quote  Shakespeare  and  other 
leading  poets  by  the  hour,  and  there  is  scarcely  a  science  to 


URIEL    W RIGHT.  507 

which  he  had  not  given  some  attention.     To  sum   it  all   up, 
he  was  one  of  the  most  gifted  men  we  ever  saw. 

Oratory  is  a  gift  from  the  Almighty.  It  never  has  been, 
and  never  can  be,  acquired.  We  may  improve  and  adorn  it 
by  study,  application,  and  practice,  but  the  foundation  must 
be  laid  by  One  who  rules  the  universe  and  shapes  our  des- 
tinw  There  is  nothing  mechanical  in  it.  We  may  study 
language,  gesture,  voice,  motion,  attitude,  and  call  to  our  aid 
all  that  education  and  learning  and  persistent  practice  can 
furnish  ;  yet  if  the  great  gift  is  not  born  in  us,  any  attempt 
at  its  exhibition  will  prove  abortive.  It  is  a  rare  gift,  and 
the  few  that  possess  it  have  no  power  to  impart  it  in  any 
degree  to  others,  nor  are  they  aware  of  its  possession  until 
some  great  occasion  calls  it  out.  For  the  benefit  of  the  law- 
student  or  the  young  practitioner  who  may  be  in  search  of 
professional  honors,  we  here  give  an  extract  from  the  pen 
of  Stephen  F.  Miller,  in  the  appendix  to  his  work  on  the 
"  Bench  and  Bar  of  Georgia."  He  was  himself  a  fine  elocu- 
tionist, and  his  suggestions,  if  strictly  followed,  may  greatly 
aid  the  efforts  of  the  young  practitioner  in  acquiring  an  easy 
and  impressive  style  of  speaking.      Says  Mr.  Miller : 

"  A  false  idea  of  eloquence  too  commonly  prevails.  Scholars  by  profession 
are  too  apt  to  consider  flowery  sentences  and  musical  periods  as  the  very  art 
itself,  beyond  which  there  is  no  improvement.  These  qualities  indeed  capti- 
vate the  taste,  but  do  not  constitute  eloquence  in  its  purity  and  force.  First  of 
all,  there  must  be  a  purpose  in  the  mind  of  the  speaker,  besides  showing  ofi"  his 
pictures  of  fancy  or  the  beauties  of  rhetoric.  Is  a  conclusion  to  be  established  ? 
Let  the  facts  which  lead  to  it  be  given  with  simplicity.  The  less  drapery  in  the 
narrative,  the  more  distinct  the  subject-matter.  Nature  is  the  best  guide.  Men 
are  accustomed  to  follow  the  order  of  things  in  making  up  their  judgment. 
The  speaker  should  begin  in  a  modest,  subdued  style,  with  his  voice  rarely 
pitched  above  the  conversational  tone.  This  will  give  ease  and  confidence  — 
two  very  essential  cords  to  bind  an  audience  in  silent  attention.  *  *  * 
Here  lies  the  secret  of  eloquence  —  self-possession  in  the  orator,  and  a  definite 
object  in  view,  earnestly  pursued.  It  is  an  error  to  suppose  that  the  treasures 
of  the  mind  must  be  poured  forth  in  a  constant  stream  of  rich  language,  or  that 
the  ideas  of  the  speaker  must  be  adorned  with  poetic  softness  of  expression, 
verging  on  the  wild  melody  of  Ossian.  This  strain  can  be  indulged  only  as  an 
exercise  to  work  the  fancy  into  a  proper  mold  for  the  combination  of  truth 
and  feeling,  with  no  effort  at  scholarship  other  than  an  easy  style.     Whenever 


508  BENCH  AND  BAR    OF  MISSOURI. 

it  is  perceived  that  the  speaker  is  on  stilts  to  show  himself,  he  loses  the 
sympathy  of  his  audience.  It  is,  therefore,  important  to  cultivate  an  artless 
yet  graceful  diction,  with  learning  and  taste  so  gently  blended  that  minds  of 
severe  cast  may  he  satisfied,  while  those  of  a  different  structure  or  of  less 
refinement  may  consider  the  feast  as  prepared  especially  for  them.  Much  will 
depend  on  the  occasion,  and  the  judgment  of  the  speaker.  No  rules  can  be 
laid  down  applicable  to  all  situations.  The  best  general  hint  is  conveyed  in  a 
brief  sentence  :  C}ood  sense,  strong  impressions,  and  a  deliberate  manner.  To 
shine  in  debate,  however  desired  by  all,  is  the  privilege  of  only  a  few.  *  *  * 
The  heart  is  the  reservoir  of  all  that  is  truly  good  and  persuasive.  Smooth 
sentences  and  formal  illustrations,  aiming  only  to  impress  others  with  the 
refinement  of  the  speaker,  can  never  excite  the  feelings.  A  sense  of  pleasure 
may  be  experienced  ;  but  the  utmost  that  can  be  claimed  for  such  artistic  skill 
is  a  mastery  of  language  under  the  control  of  classic  taste  —  a  qualification 
often  possessed  by  men  who  never  felt  or  observed  enough  of  life  to  know  the 
springs  of  human  action,  or  with  what  force  to  touch  the  heart  to  awake  its 
deepest  responses. 

"  .\11  nature  is  suggestive  of  elof|uence  ;  and  he  who  trusts  to  his  books  alone, 
and  til  his  own  solitary  sjieculations,  for  the  power  of  moving  men,  will  find 
himself  grievously  deluded." 

The  decline  of  eloquence,  more  particularly  in  our  large 
commercial  cities,  is  noticeable  to  all  practitioners,  and  re- 
sults, no  doubt,  from  the  fact  that  the  profession  find  it  more 
remunerative  to  devote  their  time  to  commercial  law,  the 
law  of  insurance,  proceedings  in  bankruptcy,  patent-right 
cases,  and  other  branches  that  present  no  field  for  oratorical 
display. 

We  will  conclude  this  narrative  with  an  extract  from  some 
remarks  of  Judge  M.  R.  Cullen,  on  presenting  to  the  St. 
Louis  Circuit  Court  the  resolutions  adopted  at  a  meeting  of 
the  St.  Louis  bar  shortly  after  the  death  of  Major  Wright. 
Judge  Cullen  knew  Major  Wright  long  and  intimately,  and 
being  himself  a  good  elocutionist,  his  opinion  of  Major 
Wright's  powers  in  that  department  will  be  generally  ac- 
cepted as  correct.     Said  the  judge  : 

"  No  lawyer  excelled  him  in  the  practical  management  of  a  case.  His  suc- 
cess'in  civil  cases  was  great,  but  as  a  criminal  lawyer  and  advocate  unraveling 
to  a  jury  the  intricate  action  of  the  human  heart  he  stood  among  us  unrivaled. 
Before  a  public  audience,  also,  discussing  the  political  questions  of  the  day, 
his  eloquence    was   superbly  in    the  ascendant,   and   the    conservatism   of  his 


URIEL    WRIGHT.  509 

thought,  l^rilliancy  of  language,  and  appropriateness  of  illustration  won 
the  hearts  and  judgments  of  his  hearers.  As  a  colloquist  he  was  admitted 
to  be,  by  those  who  knew  him,  almost  the  superior  of  any  pulilic  man  of  his 
period.  He  had  that  same  combination  of  talent,  wit,  mirth,  humor,  and 
solidity  which  made  his  colloquial  powers  as  controlling  and  winning  as  his 
forensic  efforts.  He  did  not  force  himself  by  pedantry  on  the  listener,  or 
monopolize  the  conversation  by  long  and  studied  elocutionary  matter,  but 
elicited  the  opinions  of  others,  and  could  be  even  eloquent  in  his  silence." 


DeWitt  c.  Ballou, 

A  leading  lawyer  for  many  years  at  Warsaw,  Benton  County, 
was  a  native  of  the  state  of  New  York,  and  born,  as  near  as 
we  can  ascertain,  about  the  year  1814.  He  received  an  aca- 
demic education,  became  a  good  English  scholar,  and  was 
tolerably  well  versed  in  the  classics.  The  common-school 
system  in  that  day  was  very  imperfect,  but  in  almost  every 
town  and  village  of  New  York  there  was  an  incorporated 
academy  in  which  were  taught  not  only  the  higher  branches 
of  mathematics,  but  also  Latin  and  not  unfrequently  Greek, 
so  that  a  diligent  student  might  readily  acquire  as  good  an 
education  as  can  now  be  obtained  in  many  of  our  second- 
class  colleges. 

After  Mr.  Ballou  completed  his  law  studies  he  went  to 
Michigan,  with  the  intention  of  pursuing  his  profession  in 
that  state ;  but  could  not  have  remained  there  long,  for  in 
J  837  we  find  him  a  citizen  of  Benton  County,  Missouri,  only 
two  years  after  the  organization  of  the  county,  and  in  1838 
he  was  one  of  a  commission  appointed  to  proceed  to  Spring- 
field and  take  out  in  the  Land  Office  there  a  preemption  right 
on  a  quarter-section  of  land  which  had  been  selected  for  a 
county-seat  under  the  name  of  Warsaw.  Mr.  Ballou  was  one 
of  the  first  trustees  of  the  town,  and  immediately  took  up  his 
residence  there.  In  1839  he  was  appointed  county  surveyor, 
which  office  he  held  about  one  year.  The  population  of 
Warsaw  increased  very  slowly,  for  in  1 844  it  had  onl)'  reached 
516.  In  1839-40  Mr.  Ballou  held  the  office  of  justice  of  the 
peace,  which  at  that  time  required  a  man  of  great  nerve  and 
mature  judgment,  for  it  was  during  what  was  called  the 
''Slicker  IVa/;"  and  so  intense  was  the  excitement  in  Benton 
and  the  adjacent  counties  that  the  governor  was  forced  to 
call  out  the  state  militia  to  preserve  the  public  peace.  A 
man  bv  the  name  of  Hiram  K.  Turk  and  four  sons  settled,  in 


DE    WITT  C.  BALLOU.  511 

1839,  near  Warsaw,  and  a  personal  difficulty  occurred  be- 
tween them  and  a  family  by  the  name  of  Jones,  resulting  in 
the  death  of  one  or  two.  The  people  began  to  take  sides 
with  one  or  the  other,  and  finally  a  general  outbreak  took 
place,  in  which  many  were  killed,  resulting  in  a  general  reign 
of  terror  and  violence  beyond  the  power  of  the  law  to  subdue. 
Mr.  Ballou  exerted  his  authority  to  the  utmost,  and  showed 
great  presence  of  mind  and  nerve,  and  was  finally  placed  in 
command  of  a  military  force  which  alone  proved  effectual  in 
the  restoration  of  law  and  order. 

In  1842  we  met  Mr.  Ballou  in  the  General  Assembly  of  the 
state,  he  representing  Benton  County  and  we  the  county  of 
Franklin.  In  1844  both  of  us  were  reelected,  and  we  had  the 
pleasure  of  nominating  him  for  speaker  pro  tern.,  the  duties 
of  which  he  discharged  very  satisfactorily  to  the  House. 
Mr.  Ballou  was  reelected  in  1848  and  in  i860,  and  was  a 
member  at  the  time  that  the  Legislature,  in  1861,  fled  from 
the  Capitol,  in  apprehension  of  being  arrested  by  General 
Lyon,  who  but  shortly  before  had  captured  Camp  Jackson. 
It  always  seemed  strange  to  us  that  Mr.  Ballou  should  have 
allied  himself  with  the  Rebellion,  for  by  birth  and  education 
he  was  a  Northern  man,  and  could  have  had  no  particular 
predilection  for  slavery  ;  but  he  must  have  been  greatly  in- 
fluenced by  the  fact  that  a  large  majority  of  the  Legislature 
were  secessionists,  and  as  the  county  of  Benton  received  its 
population  chiefly  from  Kentucky  and  Tennessee,  the  proba- 
bility is  that  secession  was  the  prevailing  sentiment  in  the 
county. 

In  1854  a  vacancy  occurred  in  the  judgeship  of  his  circuit, 
by  the  resignation  of  Hon.  V/aldo  P.  Johnson,  and  Mr.  Bal- 
lou was  elected  to  fill  it.  At  the  expiration  of  the  term  he 
was  reielected,  and  after  serving  one  year  of  the  last  term  re- 
signed and  resumed  his  practice.  He  was  four  years  upon 
the  bench. 

During  the  war  Judge  Ballou  took  up  his  residence  in  Se- 
dalia,  not  feeling  that  his  family  were  safe  in  Warsaw.  He 
died  in  Sedalia  in  the  fall  of  1864,  and  at  the  time  must  have 
reached  his  fiftieth  year. 


512  BENCH  AND  BAR    OF  MISSOURI. 

Judge  Ballou  was  a  man  of  vigorous  intellect,  and  of  un- 
doubted legal  attainments.  He  stood  high  at  the  South- 
western bar,  and  always  enjoyed  an  excellent  practice.  He 
had  none  of  the  gifts  of  oratory,  and  never  attempted  any- 
thing beyond  a  logical  statement  of  the  facts  of  the  case  and 
the  law  as  applicable  to  them.  He  had  a  good  command  of 
language,  but  was  often  prosy  and  tedious.  He  had  a  strong 
and  clear  voice,  without  the  power  of  modulating  it,  and 
when  he  rose  to  address  a  jury,  or  promiscuous  assembly,  he 
raised  it  to  a  high  pitch,  and  there  it  remained  till  the  close. 
He  was  aware  of  this  defect,  but  could  never  remedy  it. 

While  in  the  Legislature  he  became  greatly  absorbed  in 
the  subject  of  the  improvement  of  the  Osage  River,  a  stream 
that  flowed  through  his  county,  and  which  during  a  portion 
of  the  year  was  navigable  for  steamers  of  light  tonnage.  The 
state  at  that  time  was  very  averse  to  embarking  in  any  system 
of  internal  improvements,  and  Mr.  Ballou  met  with  serious 
opposition  in  all  his  efforts  in  that  direction. 

We  never  saw  him  on  the  bench,  but  lawyers  who  prac- 
ticed before  him  speak  well  of  his  judicial  career.  Judge 
Ballou  was  a  man  of  excellent  habits,  and  always  sustained 
the  character  of  an  upright  and  exemplary  citizen.  He 
raised  a  family,  but  how  many  children  survive  him  we  are 
unable  to  state. 


THOMAS    S.   RICHARDSON, 

Who  was  a  judge  of  the  Fourth  Judicial  Circuit,  composed 
of  the  counties  of  Lewis,  Scotland,  Clark,  Knox,  Adair,  and 
Schuyler,  was  born  in  Frankfort,  Kentucky,  on  or  about 
October  5,  18 19.  His  father,  James  A.  Richardson,  was  a 
farmer,  and  moved  to  Missouri  when  Thomas  was  about  ten 
years  of  age,  and  settled  on  a  farm  near  Monticello,  in 
Lewis  County.  Thomas  assisted  his  father  in  cultivating  the 
farm,  and  at  the  same  time  went  to  a  country  school,  where 
he  obtained  the  rudiments  of  an  English  education,  and,  when 
old  enough  to  commence  the  study  of  the  law,  entered  the 
law-office  of  Reese  &  Green,  at  Monticello.  The  firm  con- 
sisted of  Addison  Reese,  who  afterwards  became  judge  of 
that  circuit,  and  James  S.  Green,  late  United  States  senator. 
Young  Richardson  applied  himself  very  closely  to  his  studies 
for  about  eighteen  months,  and  was  then  admitted  to  the 
practice,  at  the  age  of  twenty-one,  by  Judge  McBride.  He 
shortly  afterwards  married  Miss  Minerva  Asbury,  and  located 
in  Scotland  County,  and  when  Memphis  became  the  county- 
seat,  moved  to  that  place,  where  he  resided  until  his  de.ith. 

In  1848  he  was  chosen  to  represent  his  county  in  the 
lower  house  of  the  General  Assembly  —  served  two  years, 
and  was  then  elected  to  the  State  Senate,  and  served  the  full 
term  of  four  years.  He  made  an  excellent  representative, 
and  took  an  active  and  prominent  part  in  the  proceedings. 
He  was  a  very  decided  Democrat,  but  not  a  violent  politi- 
cian, and  enjoyed  the  confidence  and  good-will  of  his  fellow- 
members.  Neither  at  the  bar  nor  in  the  Legislature  did  he 
make  any  pretensions  as  an  elocutionist.  He  spoke  fluently 
and  with  ease,  and  always  commanded  the  attention  of  his 
hearers. 

About  1859  ^^^  ^^-''  elected  judge  of  his  circuit,  and 
remained  on  the  bench    till  the  sad  event  which  terminated 

33 


514  BENCH  AND  BAR   OF  MISSOURI. 

his  life  in  1861.  He  made  a  good  judge  —  was  fair  and  im- 
partial in  his  decisions,  and  endeavored  to  dispense  the  law 
without  fear,  favor,  or  affection.  He  had  not  been  on  the 
bench  long  enough  to  establish  a  high  reputation  as  a  jurist, 
but  long  enough  to  show  that  he  was  a  man  of  the  highest 
integrity  and  great  honesty  of  purpose. 

In  November,  1861,  he  fell  a  victim  to  the  spirit  of  discord 
and  anarchy  which  at  that  time  spread  uncontrolled  over  the 
state.  He  sympathized  strongly  with  the  South,  but  took 
no  part  in  the  Rebellion  beyond  a  free  expression  of  his  opin- 
ions ;  but  that  was  enough  to  make  enemies  among  those  who 
were  enthusiastic  in  behalf  of  the  Union,  and,  like  all  men  of 
positive  character,  he  had  strong  enemies  as  well  as  strong 
friends. 

One  of  his  personal  friends.  Colonel  David  Moore,  had 
organized  a  Union  regiment  in  that  part  of  the  state,  which 
was  stationed  at  one  time  at  Canton,  but  was  ordered  to 
Memphis,  the  county-seat  of  Scotland  County,  where,  as 
before  stated.  Judge  Richardson  resided.  Colonel  Moore 
had  learned  that  threats  had  been  made  against  Judge  Rich- 
ardson, and,  as  the  judge  was  his  friend  and  a  brother 
Mason,  he  was  anxious  to  protect  him  from  any  violence. 
For  that  purpose  he  detailed  some  ten  or  fifteen  men  to  pro- 
ceed to  Memphis  in  advance  of  the  regiment,  and  to  take 
the  judge  and  a  few  others  into  custody,  with  instructions  to 
defend  them  from  any  attack  that  might  be  made  upon 
them.  The  arrest  was  made  with  a  full  knowledge,  on  the 
part  of  the  judge,  of  the  purpose.  They  were  conveyed  to 
a  room  on  the  second  floor  of  the  court-house.  It  being  a 
cold  and  disagreeable  day,  and  no  fire  in  the  room,  some  one 
proposed  that  they  should  go  below  into  the  clerk's  office, 
where  there  was  a  good  fire,  and  they  did  so.  It  was  shortly 
after  dark,  and  the  office  becoming  unpleasantly  warm,  the 
judge  raised  the  window  a  few  inches  to  let  the  air  in,  when 
he  received  a  musket-ball  through  his  head,  just  above  the 
eyes,  killing  him  instantly.  When  Colonel  Moore  heard  of 
it  he  became  very  indignant,  and  pronounced  it  a  cold- 
blooded murder.     He  went  in  person  to  the  judge's  residence, 


THOMAS  S.  RICHARDSON.  515 

and  imparted  to  his  wife  the  sad  intelligence.  He  also  dis- 
patched General  Halleck,  who  was  stationed  at  St.  Louis, 
and  the  general  sent  up  two  detectives  to  ferret  out  the 
assassin.  Colonel  Moore  found  a  buckskin  glove  outside, 
and  immediately  under  the  window,  which  he  took  charge  of, 
and  upon  the  arrival  of  the  detectives  handed  it  to  them,  and 
this  furnished  a  clue  to  the  murderer.  He  paraded  the  regi- 
ment before  the  detectives,  and  one  of  them  recognized  the 
mate  to  the  glove  upon  the  hand  of  a  soldier.  He  was  im- 
mediately arrested  and  sent  to  the  Palmyra  Jail  for  trial, 
but  some  few  weeks  afterwards  broke  jail  and  escaped,  and 
has  never  since  been  heard  of.  It  was  a  tragic  death,  and 
the  assassin  richly  deserved  the  halter. 

Judge  Richardson  must  have  reached  his  fortieth  year. 


Charles  C.  Mauro. 

Mr.  Mauro  was  a  prominent  member  of  the  St.  Louis  bar, 
and  filled  several  positions  of  trust  and  honor.  He  was  of 
German  descent,  his  father  and  mother  having  been  born  in 
Stuttgart.  They  came  to  the  United  States  when  quite 
young,  and  settled  in  Washington  City,  where  Charles  was 
born  in  1827. 

The  author  has  a  very  vivid  recollection  of  his  father, 
Philip  Mauro,  who  was  an  auctioneer  in  the  city  of  Wash- 
ington, and  carried  on  an  extensive  business  on  Pennsylvania 
Avenue.  Though  but  ten  years  of  age,  we  frequently  visited 
his  auction-rooms  to  listen  to  his  sallies  of  wit  and  humor. 
He  was  a  man  of  great  jest,  and  never  failed  to  amuse  and 
entertain  his  patrons,  particularly  the  urchins,  as  we  were 
called.  He  was  very  fond  of  children,  and  we  congregated 
in  his  rooms  in  large  numbers,  and  when  he  got  oflf  anything 
that  pleased  us  we  cheered  him  most  vociferously.  He  was 
a  skillful  auctioneer,  and  it  was  a  trite  saying  that  Phil 
Mauro  could  convert  anything  into  money,  from  an  old 
horse-shoe  to  a  blind  mule.  His  wife's  brother,  whose  name 
was  Ott,  was  a  man  of  considerable  enterprise,  and  a  me- 
chanical genius,  and  it  is  said  that  he  started,  at  Philadelphia, 
the  first  mint  in  the  United  States. 

Charles  C.  Mauro  was  the  youngest  of  nine  children,  and 
came  with  his  father  to  St.  Louis  when  quite  young,  and 
received  his  education  at  Kemper  College,  in  St.  Louis 
County,  an  institution  of  learning  under  the  control  of  the 
Episcopal  Church,  where  he  graduated  about  1847.  He  then 
commenced  the  study  of  the  law  in  the  office  of  Todd  & 
Krum,  and  was  admitted  to  the  bar  in  1850.  Mr.  Mauro 
was  married  twice  —  first  to  Charlotte  Davis,  of  Washington 
City,  whose  father  was  connected  with  the  banking-house  of 
Lewis,  Johnson  &  Co.      She  died   in  1865,  leaving  four  chil- 


CHARLES   C.   MAU^O.  51/ 

dren,  and  in  1868  he  was  married  to  Julia   Randolph,  of  St. 
Louis,  by  whom  he  had  one  child. 

•  Mr.  Mauro  was  appointed  city  attorney  of  St.  Louis  in 
1852,  and  afterwards  elected  circuit  attorney,  and  in  1861 
received  from  the  Hon.  Daniel  G.  Taylor,  then  mayor  of  the 
city,  the  appointment  of  city  counselor,  an  office  we  held 
three  years  immediately  preceding  him.  President  Johnson 
appointed' him  United  States  district  attorney  for  the  Eastern 
District  of  Missouri,  but  the  nomination  was  rejected  by  the 
Senate  —  not  because  of  any  objection  that  existed  against 
Mr.  Mauro,  who  was  a  consistent  Democrat,  but  because  of 
the  hostility  of  the  Senate  to  the  president.  It  will  be  rec- 
ollected that  the  Senate  rejected  nearly  all  of  the  presi- 
dent's appointments,  in  order  to  make  him  as  odious  as 
possible  to  the  people. 

Upon  the  breaking-out  of  the  war  Mr.  Mauro  sympathized 
with  the  South,  and,  though  he  committed  no  overt  act 
against  the  government,  was  generally  regarded  as  a  strong 
disunionist,  and  became  obnoxious  to  the  friends  of  the 
Union,  and  upon  one  occasion  was  attacked  near  his  resi- 
dence by  a  body  of  Germans,  but  was  not  seriously  injured. 
He  died  very  suddenly,  from  apoplexy,  in  1865,  and  was 
buried  at  Bellefontaine. 

We  formed  the  acquaintance  of  Mr.  Mauro  as  early  as 
1852,  and  knew  him  well  from  that  time  until  his  death, 
though  we  did  not  often  come  in  conflict  at  the  bar,  for 
most  of  his  practice  was  in  the  Criminal  Court,  while  ours 
was  confined  to  the  civil  courts.  He  formed  several  part- 
nerships during  his  professional  career;  at  one  time  was  a 
partner  of  the  Hon.  William  C.  Jones,  present  judge  of  the 
Criminal  Court,  at  another  he  was  associated  with  the  Hon. 
William  T.  Wood,  present  judge  of  the  Sixth  Judicial  Cir- 
cuit, and  at  still  another  period  with  Henry  Laughlin,  Esq. 
He  was  a  prominent  member  of  the  society  of  Odd-Fel- 
lows, and  became  past  grand  master  of  the  state.  He  also 
belonged  to  a  military  company  called  the  "  St.  Louis 
Grays,"  and  was  with  that  company  at  the  noted  Gasconade 
Bridge  disaster,  though  he   escaped  without  a  serious  injury. 


5l8  BENCH  AND  BAR   OF  MISSOURI. 

As  a  lawyer  Mr.  Mauro  was  far  above  the  average  of  at- 
torneys. It  could  not  be  said  of  him,  as  we  are  too  often 
forced  to  say  of  others,  that  he  skimmed  along  the  surface, 
picking  up  a  little  law  here  and  a  little  there,  for  he  was 
well-read  and  thoroughly  grounded  in  the  principles  of  his 
profession.  Without  being  eloquent,  he  was  a  bold,  lucid, 
and  impressive  speaker.  As  a  prosecutor  his  success  was 
very  great,  which  was  alone  evidence  of  his  ability,  for  it 
brought  him  in  conflict  with  such  men  as  Wright,  Johnson, 
Shreve,  Cline,  and  others,  all  of  whom  became  distinguished 
as  criminal  lawyers.  Few  men  at  the  bar  displayed  so 
much  skill  and  power  in  the  cross-examination  of  a  witness 
as  Mr.  Mauro.  If  satisfied  that  the  witness  was  perjuring 
himself,  he  was  almost  certain  to  break  him  down  by  the 
rapidity  and  ingenuity  of  his  questions.  He  was  a  bold  and 
fearless  prosecutor,  and  offenders  against  the  law  stood 
greatly  in  awe  of  him. 

Upon  his  death  the  St.  Louis  bar  paid  the  usual  tribute  to 
his  memory.  His  remains  repose  in  the  beautiful  cemetery 
known  as  Bellefontaine. 


Benjamin  P.  Major. 

We  made  the  acquaintance  of  Mr.  Major  at  Warren,  in 
Benton  County,  in  1842,  where  he  was  located  as  a  prac- 
ticing lawyer.  We  met  him  once  afterwards  in  Jefferson 
City,  and  transacted  some  professional  business  with  him. 

He  was  born  in  Franklin  County,  Kentucky,  on  March  lO, 
1809,  and  received  a  very  ordinary  education.  As  a  boy  he 
showed  a  strong  aversion  to  books,  and  a  positive  dislike 
to  the  discipline  and  confinement  of  the  school-room,  and 
spent  more  than  half  of  his  time  in  hunting,  fishing,  and 
other  amusements.  When  he  reached  his  eighteenth  year 
he  refused  to  attend  school  any  longer,  and  his  father  ap- 
prenticed him  to  a  carpenter,  with  whom  he  learned  the 
trade.  After  the  expiration  of  his  apprenticeship,  he  married 
and  settled  on  a  small  farm,  working  at  his  trade  in  the  win- 
ter. After  attaining  his  twenty-first  year  he  began  to  feel 
the  want  of  an  education,  and,  by  studying  at  night,  endeav- 
ored to  make  up,  to  some  extent,  for  the  time  he  had  lost  and 
misspent. 

In  the  spring  of  1835  he  removed  to  Missouri  and  settled 
at  Monticello,  Lewis  County,  where  he  followed  his  trade 
until  1837,  when  he  was  compelled  to  abandon  it  by  reason 
of  ill  health.  His  physician  advised  him  to  engage  in  some 
other  pursuit,  and  he  immediately  entered  upon  the  study  of 
the  law,  and,  in  the  fall  of  1839,  entered  the  Transylvania 
Law  School,  where  he  graduated  in  1840.  He  then  returned 
to  Missouri,  was  admitted  to  the  bar,  and,  in  1841,  commenced 
the  practice  in  Warsaw,  where  he  remained  till  his  death. 
Few  men,  under  such  adverse  circumstances,  would  have  em- 
barked in  a  profession  in  which  so  few,  even  with  the  advan- 
tages of  a  thorough  education  and  the  best  mental  training, 
have  been  able  to  succeed.      His  strong  natural  ability,  added 


520  BENCH  AND  BAR   OF  MISSOURI. 

to  his  genial  habits,  soon  made  him  friends  and  secured  for 
him  a  fair  practice. 

In  1842  Mr.  Major  was  elected  to  the  State  Senate  from 
the  district  composed  of  the  counties  of  Benton,  Pettis,  etc. 

In  1844,  while  still  a  senator,  he  became  engaged  in  a  per- 
sonal controversy  with  Elijah  Cherry,  who  had  been  a  judge 
of  the  Benton  County  Court,  growing  out  of  a  political  contest. 
They  encountered  each  other  on  one  of  the  principal  streets 
of  Warsaw,  on  March  14th,  and  Mr.  Major  was  killed.  At  the 
time  of  his  death  he  had  nearly  reached  his  thirty-fifth  year. 
He  left  a  widow  and  four  or  five  children. 

He  was  cut  down  in  the  morning  of  life,  and  just  as  he  was 
beginning  to  reap  the  reward  of  perseverance  and  unremit 
ting  toil.  He  was  truly  a  self-made  man,  with  no  other  capi- 
tal to  stand  upon  than  good,  hard  common  sense,  with  an 
indomitable  will  and  untiring  energy.  He  allied  himself  to 
the  Democratic  party,  and  in  the  State  Senate  occupied  a 
commanding  position ;  for  he  was  a  ready  and  earnest  de- 
bater, and  popular  with  his  brother  members,  and  enjoyed 
the  full  confidence  of  his  party.  Mr.  Major  was  not  a  pro- 
found lawyer,  but  as  an  advocate  had  no  superior  at  the 
Benton  bar.  This  enabled  him  to  command  a  good  practice, 
for,  as  a  general  thing,  in  the  early  settlement  of  a  country 
a  lawyer's  capacity  is  measured  by  his  ability  as  a  public 
speaker. 


James  S.  Green. 

Among  the  able  men  of  Missouri  who  figured  at  a  late 
date,  and  belonged  to  a  late  generation,  no  one  enjoyed  a 
higher  reputation  for  ability  than  the  subject  of  this  sketch, 
who,  prior  to  the  late  war,  was  a  United  States  senator. 

He  was  born  in  Virginia  in  1817,  and  came  to  Missouri 
in  1837  or  1838,  with  no  other  educational  advantages  than 
he  was  able  to  derive  from  the  common-field  schools  of  the 
Old  Dominion.  After  coming  to  Missouri  he  worked  on  a 
farm  in  Lewis  County,  performing  such  labor  as  is  common 
with  farming  hands.  By  devoting  his  leisure  hours  to  read- 
ing he  improved  his  imperfect  education,  and,  turning  his 
attention  to  the  study  of  the  law,  in  due  time  was  ad- 
mitted to  the  bar  and  commenced  the  practice  in  Lewis 
County.  He  formed  a  partnership  with  Addison  Reese, 
Esq.,  an  able  lawyer,  who  became  judge  of  the  Lewis  Judi- 
cial Circuit.  It  proved  a  strong  firm  and  did  a  large  busi- 
ness. They  practiced  in  the  courts  of  Lewis,  Clark,  Scot- 
land, Marion,  and  Ralls.  Mr.  Green  soon  proved  himself 
able  to  cope  with  the  best  lawyers  of  that  section,  which 
was  no  little  praise  when  we  reflect  that  among  them  were 
such  men  as  Glover,  Broadhead,  Dryden,  Porter,  Anderson, 
Richmond,  Lipsicomb,  and  others. 

We  first  met  Mr.  Green  at  Jefferson  City,  during  the 
session  of  the  General  Assembly  of  1844-5.  He  was  then 
quite  a  young  man,  and  was  appointed  to  one  of  the  princi- 
pal clerkships,  whether  of  the  House  or  Senate  we  are  not 
now  able  to  state.  He  had,  however,  been  previously 
elected  to  the  Convention  of  1845,  called  to  revise  the  Con- 
stitution. It  was  in  this  body  that  he  first  exhibited  that 
talent  for  forensic  debate  which  in  after-life  so  distinguished 
him.  He  grappled  with  the  ablest  members  of  the  Conven- 
tion, and  at  once  took  rank  among  the  foremost.  His 
knowledge    of  constitutional   law  left  no   doubt  of  his  thor- 


522  BENCH  AND  BAR    OF  MISSOURI. 

ough  mental  training.  He  was  an  ardent  supporter  of  the 
state-rights  doctrine,  and  opposed  to  the  exercise  of  any 
power  not  expressed  or  so  clearly  implied  as  to  leave  no 
room  for  construction  ;  in  other  words,  he  was  a  strict-con- 
structionist  and  an  uncompromising  Democrat,  and  had  he 
adhered  to  the  doctrines  of  Jefferson,  and  not  permitted 
himself  to  be  led  astray  by  the  sophistry  of  the  Calhoun 
school,  he  might  have  attained  the  highest  eminence  that 
any  laudable  ambition  could  aspire  to.  He  entirely  mistook 
the  sentiment  of  the  people  of  his  own  state,  and  made  him- 
self antagonistic  to  their  interests. 

In  1846  Mr.  Green  was  elected  to  Congress,  and  served 
two  consecutive  terms,  during  the  last  of  which  he  was  our 
colleague,  which  enables  us  to  bear  testimony  to  the  high 
reputation  he  there  acquired.  It  is  not  often  that  the 
Federal  House  of  Representatives  furnishes  an  occasion  or 
opportunity  for  the  exhibition  of  talent.  In  so  large  a  body, 
with  so  many  restrictions  upon  debate,  it  is  only  about  once 
or  twice  in  a  session  that  the  privilege  of  the  floor,  during 
an  important  debate,  is  awarded  to  any  member,  and  if  a 
young  member  succeeds  in  obtaining  it  once  he  is  esteemed 
fortunate.  Mr.  Green,  however,  made  several  speeches, 
which  attracted  the  attention  of  the  country  and  received 
the  favorable  notice  of  the  press. 

In  1852  President  Polk  appointed  him  charge  d' affaires, 
and  subsequently  minister  resident,  at  Bogota,  New  Granada  ; 
but  the  position  was  too  monotonous  for  him,  and  led  him 
too  far  from  the  active  field  of  politics,  and  he  soon  re- 
turned to  Missouri. 

In  1856  he  was  reelected  to  Congress,  but  before  its  meet- 
ing he  was  chosen  by  the  Legislature  United  States  sena- 
tor, which  trust  he  continued  to  hold  until  1861,  when  he 
was  expelled  for  disloyalty.     This  terminated  his  public  life. 

Mr.  Green's  career  in  the  Senate  was  brilliant.  It  gave 
him  ample  means  to  display  his  great  ability  in  debate.  In 
almost  every  important  contest  he  participated,  and  held  his 
own  with  such  men  as  Douglas,  Clayton,  Chase,  Seward, 
and  statesmen  of  that  class,  and  he  at  once  acquired  a  na- 
tional reputation.     We  have  never  assigned  to  Mr.  Green  that 


JAMES  S.   GREEN.  523 

position  as  an  orator  which  his  intimate  friends  claimed  for 
him,  but  he  undoubtedly  stood  head  and  shoulders  above  the 
average  statesman.  He  had  few  of  the  graces  of  oratory- 
such  as  were  possessed  by  Mr.  Clay,  Mr.  Berrien,  Mr.  Everett, 
Mr.  Prentiss,  Mr.  Bates,  Mr.  Wright,  and  others  we  could 
mention.  At  times  his  gesticulation  was  stiff  and  unnatural, 
and  not  unfrequently  he  indulged  in  a  self-complacent  laugh, 
indicating  a  consciousness  of  victory,  which  always  deterio- 
rates from  the  effectiveness  of  a  speaker.  That  he  was  a 
close,  logical  reasoner,  and  possessed  great  powers  of  dis- 
crimination and  analyzation,  no  one  who  ever  heard  him  can 
question.  These,  with  his  exceeding  quickness  of  perception 
and  rare  gift  of  repartee,  made  him  a  dangerous  antagonist 
to  encounter  in  even  so  intellectual  a  body  as  the  Federal 
Senate.  He  never  participated  in  a  discussion  without  first 
making  himself  the  master  of  his  subject,  which  gave  him  a 
great  advantage  over  a  less  cautious  opponent.  This  was 
true  of  Colonel  Benton,  who,  in  the  memorable  debate  on  the 
Territorial  Omnibus  Bill,  greatly  annoyed  Mr.  Clay  by  cor- 
recting his  geographical  errors. 

Mr.  Green's  power  of  repartee  was  one  of  his  strongest 
weapons  in  debate.  It  is  a  rare  gift,  and  is  oftener  found 
among  the  Scotch  and  Irish  orators  than  those  of  any  other 
nation.  Who  does  not  recollect  the  famous  reply  of  James 
Boswell  to  his  father.  Lord  Auchinbeck,  while  he  was  plead- 
ing before  him  at  the  Scotch  bar?  The  old  judge,  offended 
at  something  his  son  had  said,  peevishly  exclaimed,  "  Jemie, 
ye're  an  ass,  man." 

"Not  exactly,  my  lord,"  answered  the  junior;  "only  a 
colt,  the  foal  of  an  ass." 

Mr.  Green's  chief  reputation  was  obtained  in  the  Senate, 
in  the  debate  between  himself  and  Mr.  Douglas  in  1859, 
upon  the  territorial  or  squatter-sovereignty  question.  In  a 
running  debate  they  had  no  superiors,  and  when  they  came 
in  conflict  it  was  Greek  meeting  Greek. 

Space  will  not  permit  us  to  give  even  a  synopsis  of  the 
discussion,  but  the  following  will  impart  to  the  reader  some 
idea  of  Mr.  Green's  power  in  a  hand-to-hand  conflict : 


524  BENCH  AND  BAR    OF  MJSSOUIU. 

"Mr.  (]rkf.n.  It  has  been  admitted  by  the  senator" from  Illinois  that  Con- 
gress has  the  same  power,  and  the  territory  has  the  same  power,  and  no  more, 
over  slaves  as  other  property  in  the  territory.  Now,  I  ask  this  question  dis- 
tinctly, in  the  presence  of  the  senator,  can  the  Territorial  Legislature  of  Kansas, 
Nebraska,  or  Utah  prohibit  the  introduction  of  any  other  kind  of  property? 
Can  they  discriminate  in  regard  to  any  kind  of  property?  For  I  hold  if  they 
cannot  by  direct  means  prohibit  it,  neither  can  they  by  dishonest  indirect  means 
accomplish  the  same  thing.  That  which  you  cannot  do  directly  you  cannot  do 
indirectly;  and  it  is  a  dishonest  subterfuge  to  presume  that  such  will  be  done. 
Can  you  prohibit  the  introduction  of  mules,  of  horses,  of  plows,  of  patent 
reapers?  No;  they  are  property  known  to  the  Constitution.  Are  not  slaves 
property  known  to  the  Constitution  ?  Yes.  Can  they,  then,  be  prohibited? 
The  senator  says.  Yes;  I  answer,  No.  The  power  to  prohibit  one  is  coexten- 
sive with  the  power  to  prohibit  the  other;  and  no  legislative  authority  in  the 
territory  or  out  of  the  territory  will  permit  of  a  discrimination  between  differ- 
ent species  of  property,  so  far  as  its  protection  and  security  are  concerned. 
*  *  *  But  it  has  been  admitted  by  the  senator  from  Illinois,  and  I  hold 
him  to  the  admission,  that  a  territory  has  no  power  except  what  is  conferred  by 
Congress.  Is  there  any  power  to  make  such  discrimination  in  the  organic  act 
creating  the  territorial  government  ?  ' 

"The  senator  says  —  and  I  was  sorry  to  hear  him  say  it,  for  I  have  the 
highest  regard  for  him,  not  only  as  a  man,  but  as  a  jurist  —  that  under  no  cir- 
cumstances could  he  be  induced  to  intervene,  by  the  action  of  Congress,  to 
protect  the  rights  of  persons  to  slaves  in  any  territory.  I  was  sorry  to  hear  it. 
I  have  said  that  the  South  do  not  ask  it  now,  because,  as  yet,  they  have  never 
seen  the  necessity;  and  the  time  may  come  when  it  will  be  proper  this  power 
should  be  exercised.  The  power  certainly  exists.  But  I  was  sorry  for  another 
reason.  When  Utah,  by  her  misconduct,  had  propagated  polygamy,  the  sena- 
tor was  loudest  and  foremost  to  propose  the  intervention  of  Congress  to  stop 
it.  'Yes,  that  is  a  case  that  will  justify  Congress  in  intervening.'  'Stop 
polygamy — ' 

"Mr.  Douglas.  When?  Where?  When  did  I  speak  so  loud  for  inter- 
vention to  stop  polygamy  ?  When?  Where?  What  measure?  What  speech  ? 
What  report? 

"Mr.  (JREEN.  Well,  Mr.  President,  I  said  loudest,  because  he  generally 
speaks  loudest.  I  said  tvhen,  because  it  was  the  12th  day  of  June,  1857,  and 
■where,  because  it  was  said  at  Springfield,  Illinois. 

"Mr.  Douglas.  I  deny  it.  That  speech  will  show  I  was  for  repealing 
the  organic  act  because  they  were  alien  enemies  to  the  United  States,  and  not 
because  of  that  domestic  institution. 

"Mr.  Green.  I  have  got  the  speech  before  me,  and  I  generally  speak  by 
the  record. 

"Mr.  Douglas.      Read  it. 

"Mr.  Green.  I  know  he  lugged  in  other  considerations,  but  he  did  not 
confine  himself  to  them.  He  did  say  they  were  alien  enemies,  but  it  was  their 
misconduct,  including  polygamy,  that  he  complained  of.  He  had  given  them 
an  organic  act,  and  he  then  said,  I  will  take  it  from  you. 


JAMES  S.   GREEN.  525 

"Mr.  Douglas.     Read  it. 

"  Mr.  Green.  I  'ioill  read  it.  I  know  of  wliat  I  speak.  You  had  no  evi- 
dence of  it  then.  N'oii  have  no  evidence  of  it  to-day.  It  was  an  assumption 
then.  It  is  an  assumption  to-day.  Hut  whether  so  or  not,  it  cannot  change 
the  power  of  Congress  to  interfere,  if  the  public  good  re(]uires  it.  But  you 
wz7/ intervene.  Why?  Because  it  is  assumed  they  are  aUen  enemies.  How  do 
you  know  but  what  there  are  alien  enemies  in  Kansas,  judging  from  their  acts, 
as  there  are  in  Utah  ?  How  do  you  know  that  there  are  not  as  many  in  Nebraska 
as  in  Utah  ?  But  he  will  not  intervene  there,  for  those  alien  enemies  only 
destroy  the  rights  of  slave  property;  but  he  will  intervene  in  Utah,  for  those 
alien  enemies  propagate  polygamy. 

"  That  is  the  doctrine  of  the  senator,  and  he  cannot  escape  from  it.  Now  I 
will  read  the  extract  from  his  speech  on  the  subject,  and  see  whether  he  did  not 
claim  the  right  to  protect  persons  and  ])ro|)erty  by  congressional  intervention." 

[Here  Mr.  Green  read  from  the  Springfield  speech,  and 
the  debate  between  them  continued.  Should  the  reader  feel 
any  inclination  to  peruse  the  entire  discussion,  he  will  find 
it  in  the  Congressional  Globe,  part  II,  1858-9.] 

Mr.  Green  became  one  of  the  most  active  supporters  of 
the  Rebellion,  and,  as  in  the  case  of  Governor  Polk,  it  proved 
his  political  grave.  He  was  destitute  of  any  military  capac- 
ity, and  the  South  presented  no  field  in  which  he  could 
obtain  any  renown.  He  sacrificed  everything  for  a  cause  in 
which  he  had  nothing  to  gain  and  all  to  lose. 

After  the  war  he  settled  in  St.  Louis,  with  the  intention  of 
returning  to  his  profession,  but  his  health,  which  had  become 
impaired  by  irregular  habits,  soon  gave  way,  and  on  January 
19,  1870,  he  departed  this  life,  at  the  age  of  about  fifty-two, 
leaving  a  family  to  mourn  his  loss.  Meetings  of  the  bar  in 
St.  Louis  and  elsewhere  were  held,  and  the  usual  tributes  of 
respect  paid  to  his  memory. 

Mr.  Green's  social  habits  gave  him  many  warm  and 
attached  friends,  who  adhered  to  him  even  after  his  star 
began  to  disappear  behind  a  cloud.  In  person  he  was  tall 
and  thin,  with  features  somewhat  resembling  Mr.  Clay  — 
indeed,  he  resembled  Mr.  Clay  in  more  respects  than  one. 
He  had  that  clearness  of  voice,  distinct  enunciation,  and 
high  and  commanding  figure  which  were  so  conspicuous  in 
the  great  Kentucky  statesman. 


PRIESTLY    H.    MCBRIDE. 

This  gentleman  was  a  judge  of  the  Supreme  Court  of 
Missouri  during  1845  and  1846. 

He  was  a  native  of  Kentucky,  and  born,  raised,  and 
educated  near  Harrodsburg.  He  received  a  good  educa- 
tion, studied  law  in  Kentucky,  came  to  Missouri  when  quite 
young,  and  located  in  Columbia,  Boone  County.  On  De- 
cember II,  1830,  he  was  commissioned  as  judge  of  the  Sec- 
ond Judicial  Circuit. 

On  January  i,  1836,  the  Legislature  adopted  and  passed 
a  constitutional  amendment  which,  among  other  things, 
vacated  all  the  judicial  offices.  Judge  McBride,  however, 
refused  to  give  up  his  office,  stating  as  a  reason  that  the 
amendment  had  not  passed  by  the  requisite  majority,  and 
alleging,  also,  other  irregularities.  An  information  in  the 
nature  of  a  writ  of  quo  zvarranto  was  taken  against  him, 
requiring  him  to  show  cause  by  what  authority  or  commis- 
sion he  continued  to  exercise  the  duties  of  the  office,  etc. 
In  answer  to  this  the  defendant  pleaded  his  commission  of 
December  11,  1830.  To  this  plea  a  demurrer  was  filed,  and 
the  question  of  the  validity  of  the  action  <jf  the  General 
Assembly  was  thus  raised.  The  real  point  in  the  case  was 
this :  the  amendment  had  been  ratified  by  a  vote  of  two- 
thirds  of  a  quorum  of  the  House,  but  not  two-thirds  of  all 
the  members,  which  the  judge  contended  was  necessary. 
The  case  went  to  the  Supreme  Court,  where  it  was  held  that 
two-thirds  of  a  quorum  was  sufficient.  This,  of  course, 
ousted  Judge  McBride  from  the  office.  The  reader  will  find 
the  case  reported  in  4th  Missouri  Reports,  page  303. 

The  same  Legislature  organized  a  new  circuit,  composed 
of  the  counties  of  Marion,  Lewis,  Clark,  Monroe,  and  proba- 
bly Shelby,  and  Judge  McBride  was  appointed  to  that  cir- 
cuit, where  he  remained  until  he  was  appointed  judge  of  the 


PRIEST LY  //.  M' BRIDE.  52/ 

Supreme  Court,  in  1845.  During  part  of  his  judicial  service 
he  resided  in  Paris,  Monroe  County. 

We  met  Judge  McBride  on  several  occasions,  but  had  only 
a  slight  acquaintance  with  him.  In  politics  he  was  an  un- 
compromising Democrat,  but  took  no  active  part  in  the 
political  contests  of  the  state  while  on  the  bench.  In 
January,  1829,  he  was  appointed  by  Governor  Miller  secre- 
tary of  state,  and  resigned,  in  1830,  in  order  to  accept  the 
judgeship  of  the  Second  Judicial  Circuit.  These  are  the 
only  public  positions  he  held. 

He  was  in  no  sense  a  brilliant  man,  though  he  made  a  fair 
judge.  It  was  alleged  that  he  seldom  gave  a  reason  for  his 
opinion.  He  must  have  taken  his  cue  from  the  saying  of  a 
very  eminent  jurist,  "  That  any  judge  could  give  a  good 
opinion,  but  few  could  assign  a  good  reason  for  it."  He  was 
an  earnest  man,  of  strong  convictions,  strong  prejudices,  and 
strong  attachments,  jovial  in  his  disposition,  and  of  un- 
doubted personal  integrity.  His  published  decisions  will  be 
found  in  volumes  9  to  1 1,  inclusive. 


Aaron   h.  Conrow. 

Like  many  others  whose  names  appear  in  this  vokmie,  Mr. 
Conrow  was,  in  the  broadest  sense  of  the  term,  a  self-made 
man.  His  father  was  too  poor  to  give  his  son  even  a  com- 
mon-school education,  but  the  son  determined  to  have  it, 
and  through  an  energy  and  will  that  marked  his  career  in 
life  he  succeeded  in  obtaining  his  wish.  At  the  age  of  fifteen 
he  taught  what  might  be  called  an  infant  school,  receiving  as 
his  pupils  children  between  the  ages  of  six  and  twelve,  and  at 
the  end  of  the  first  year  laid  up  enough  money  to  pay  his 
own  tuition  in  an  established  academy.  Thus,  by  becoming 
teacher  and  pujMl  alternately,  he  acquired  a  good  English 
education,  embracing  the  higher  branches  of  mathematics, 
and  made  some  progress  in  the  Latin  and  French  languages. 
The  example  thus  set  by  Mr.  Conrow  is  most  commendable, 
and  should  encourage  those  who  are  seeking  an  education 
under  adverse  circumstances. 

Mr.  Conrow  was  born  in  the  vicinity  of  Cincinnati,  Ohio, 
on  June  9,  1824.  While  yet  a  child,  his  parents  removed 
to  Pekin,  Illinois,  and  after  a  few  years'  residence  there, 
came  to  Missouri  and  settled  in  Ray  County.  This  was 
about  1840.  Having  selected  the  law  for  his  profession, 
he  entered  the  office  of  Philip  L.  Edwards,  whom  we 
recollect  as  a  promising  and  rising  lawyer  of  that  county. 
After  several  years  of  close  application  and  diligent  study 
he  was  admitted  to  practice  by  Judge  Napton,  of  the  Su- 
preme Court,  and  commenced  his  professional  career  in 
Richmond,  the  county-seat  of  Ray  County. 

Mr.  Conrow  rose  gradually  in  his  profession,  and  obtained 
a  large  and  valuable  practice.  This  was  no  small  compli- 
ment to  a  young  lawyer,  who  had  to  contend  with  such  men 
as  General  Doniphan,  Judge  Dunn,  Governor  King,  Charles 
Hughes,  and  others,  who  practiced  in  that  circuit.     The  bar 


AARON  H.   CONROW.  529 

of  Ray  has  always  been  strong,  and  to  succeed  there  a  law- 
yer must  possess  considerably  more  than  an  average  ability, 

Mr.  Conrow  continued  to  practice  in  the  Ray  Circuit  until 
the  breaking-out  of  the  Rebellion.  During  that  time  he  was 
for  four  years  circuit  attorney.  He  also  served  for  a  short 
time  as  judge  of  the  Court  of  Common  Pleas  of  Ray 
Count}',  b\'  appointment  of  Governor  Sterling  Price,  and 
was  also  at  different  times  public  administrator  and  county 
treasurer.  In  all  these  positions  he  displayed  marked  ability 
and  the  utmost  fidelity. 

In  1848  he  married  Miss  Mary  Ann  Quisenberry,  a 
daughter  of  Colonel  David  H.  Quisenberry,  of  Ray  County, 
by  whom  he  had  six  children,  of  which  three  sons  and  a 
daughter  still  survive  him. 

In  i860  Mr.  Conrow  was  elected  to  the  General  Assem- 
bly as  a  State-Rights  Democrat.  Having  strong  slavery 
and  Southern  proclivities,  he  united  his  fortunes  with  the 
secessionists,  and,  leaving  home  and  family,  entered  the 
Confederate  army  and  attained  the  rank  of  colonel,  when 
he  was  elected  to  represent  his  fellow-soldiers  in  the  Con- 
federate Congress.  Upon  the  adjournment  of  that  Congress 
he  returned  to  the  army,  and  at  the  close  of  the  war  went 
into  Mexico  with  General  M.  M.  Parsons,  and  with  Parsons, 
Standwitch,  and  others  was  there  robbed  and  murdered  by 
Mexican  soldiery.  For  a  full  account  of  the  massacre  see 
our  memoir  of  General  Parsons. 

Like  thousands  of  others  who  had  the  promise  of  a  long 
and  happy  life,  Mr.  Conrow  fell  a  victim  to  our  unnatural 
and  bloody  civil  war.  That  he  was  sincere  in  his  convictions 
of  duty  we  have  no  right  to  question,  for  he  sacrificed  for- 
tune, family,  and  life  to  advance  a  cause  from  which  he 
could  derive  no  possible  benefit. 

Mr.  Conrow  had  a  legal  mind,  and  with  his  habits  of 
study  and  application  might  have  secured  a  high  rank  in  the 
profession.  He  was  not  an  orator,  and  yet  possessed  one  of 
the  chief  elements  of  orator}',  the  power  to  impress  his 
audience  with  a  high  sense  of  his  earnestness  and  honesty 
of  purpose,  without  which  there  can  be  no  effective  oratory. 
34 


530  BENCH  AND  BAR   OF  MISSOURI. 

Truth  is  the  foundation  of  elocution  ;  in  fact,  it  is  the  arch 
upon  which  the  orator  builds  his  structure,  and  when  that 
weakens,  the  structure  must  fall.  However  much  we  may 
differ  in  opinion  with  a  speaker,  yet  if  we  are  impressed 
with  his  sincerity  and  honesty,  we  are  disposed  to  give  due 
weight  and  consideration  to  all  he  says. 

At  the  time  of  his  death  Mr.  Conrow  had  reached  his 
forty-first  year.  He  was  a  Royal- Arch  Mason,  and  stood 
high  with  his  brethren  of  the  order. 


LOUIS    G.   PICOT. 

We  have  no  recollection  of  meeting  this  gentleman  prior 
to  1852.  He  was  then  a  practicing  lawyer  at  the  St.  Louis 
bar,  and  had  been  for  several  years. 

He  was  a  native  of  Richmond,  Virginia,  was  of  French 
descent,  and  born  May  15,  1816.  On  his  becoming  twenty- 
one  years  of  age  he  married  Miss  Margaret  A.  Roberts,  of 
Baltimore.  He  received  a  good  academic  education,  spoke 
French  fluently,  and  made  some  progress  in  Latin.  He 
studied  law  in  Virginia,  but,  before  completing  his  course, 
came  in  1842  to  St.  Louis,  bringing  with  him  letters  to  Judge 
Bryan  Mullanphy.  Upon  the  invitation  of  the  judge  he 
entered  his  office  as  a  student,  and  studied  until  1844,  when 
he  was  admitted  to  the  bar.  Judge  Mullanphy  had  a  large 
estate  to  manage,  and  employed  Mr.  Picot  to  assist  him.  This 
led  to  an  introduction  to  Mrs.  Ann  Biddle,  sister  to  Judge 
Mullanphy,  and  he  took  charge  of  her  large  estate  also,  and 
at  her  death  became  her  executor.  It  was  common  in 
England,  Spain,  and  other  countries  for  able  lawyers  to 
devote  their  whole  time  to  the  management  of  large  estates, 
and  although  it  kept  them  from  acquiring  much  renown  in 
their  profession,  they  found  it  very  remunerative.  So  it  was 
with  Mr.  Picot,  for  although  he  was  far  above  the  average 
lawyer,  he  obtained  no  distinction,  but  it  enabled  him  to 
accumulate  a  handsome  estate.  He  was  a  most  devoted 
student,  and  made  himself  very  familiar  with  our  old  French 
and  Spanish  titles,  and  became,  in  fact,  an  excellent  land 
lawyer. 

He  was  a  fine-looking  man  of  medium  size,  with  dark  hair 
and  dark  and  sparkling  eyes,  and  pleasant  and  agreeable 
manner.  We  often  met  him  in  the  recorder's  office  dili- 
gently searching  the  records,  for  in  those  days  we  had  but 
few  reliable  agencies  for  the  investigation  of  titles. 


532  BENCH  AND  BAR    OF  MISSOURI. 

We  once  listened  to  a  long  and  able  argument  of  his 
before  a  jury  in  a  contest  between  a  Spanish  grant  and  a 
New  Madrid  location.  He  occupied  a  part  of  two  days,  and 
was  constantly  eating  oranges  to  keep  his  voice  from  becom- 
ing hoarse.  In  a  jocular  way  we  suggested  to  him  that  he_ 
ought  to  divide  his  oranges  with  the  jury,  otherwise  they 
might  think  him  selfish.  We  don't  vouch  for  the  fact,  but 
were  told  that  in  concluding  his  argument,  the  next  morning, 
he  had  a  dozen  on  the  table,  and  was  feasting  the  jury  with 
that  delicious  fruit.  We  also  learned  that  it  was  an  invaria- 
ble practice  with  him.  He  was  a  fluent,  argumentative 
speaker,  but  at  times  rather  tedious  and  long-winded. 

He  lived  at  Carondelet,  and  built  a  residence  on  the  top 
of  a  high  hill,  constructing  over  it  an  immense  tower,  which 
went  by  the  name  of  "  Picot's  Folly."  In  grading  the 
streets  he  was  left  high  and  dry,  with  great  difficulty  of 
egress  and  ingress. 

He  was  esteemed  an  honorable  and  upright  man.  He 
died  at  home,  August  24,  1870,  leaving  a  widow  and  six 
children.      His  wife  is  still  living. 

At  a  bar-meeting  held  immediately  after  his  death  a  hand- 
some tribute  was  paid  to  his  memory.  The  various  courts. 
Federal  and  state,  took  action  in  reference  to  his  death,  and 
caused  the  resolutions  of  the  bar-meeting  to  be  spread  upon 
their  records.  Upon  the  occasion  of  the  meeting  referred 
to.  Colonel  Louis  V.  Bogy,  late  United  States  senator,  spoke 
of  Mr.  Picot  in  the  most  eulogistic  terms  as  a  lawyer  of 
ability  and  great  integrity.     Said  Colonel  Bogy : 

"  He  was  not  brilliant,  and  did  not  pretend  to  great  attainments  ;  but  he  was 
a  man  of  peculiar  mind,  and  possessed  a  strong,  retentive  memory.  As  a  land 
lawyer  he  had  no  superior.  I  doubt  if  he  had  his  equnl,  though  others  won 
greater  distinction.  I  doubt  whether  a  lawyer  understood  the  law  applicable 
to  our  land  titles  better  than  Mr.  Picot." 


ROBERT    T.    PREWITT. 

In  1862,  while  holding  a  term  of  the  Supreme  Court  in 
Jefferson  City,  we  became  acquainted  with  Mr.  Prewitt,  who 
was  then  a  lawyer  in  full  practice,  residing  in  Fayette,  How- 
ard County.  He  attended  the  terms  of  the  court  at  Jeffer- 
son City  regularly,  and  delivered  several  oral  arguments 
which  made  a  favorable  impression  upon  us,  both  as  to  his 
ability  as  a  lawyer  and  his  pleasant  and  gentlemanly 
demeanor. 

He  was  the  son  of  Rev.  Joel  Prewitt,  a  Christian  or  Camp- 
bellite  minister,  of  Kentucky,  and  was  born  in  Bourbon 
County,  in  that  state,  August  i,  1818.  His  father  brought 
his  family  to  Missouri  about  1824,  and  settled  on  a  farm 
within  a  few  miles  of  Fayette.  After  receiving  a  good  aca- 
demic education  he  commenced  the  study  of  the  law,  in 
1840,  with  Abiel  Leonard,  one  of  the  most  eminent  lawyers 
in  the  Western  country.  After  remaining  with  Mr.  Leonard 
about  two  years  he  went  to  Kentucky,  and  completed  his 
studies  with  his  uncle,  Judge  John  Trimble,  of  the  Supreme 
Court  of  that  state,  a  noted  jurist.  He  then  returned  to 
Missouri,  took  a  desk  in  the  office  of  General  John  Wilson, 
at  Fayette,  and  entered  upon  tlie  practice.  His  opportu- 
nities for  a  legal  education  could  not  have  been  better,  and 
he  improved  them  well,  for  he  became  thoroughly  grounded 
in  the  principles  of  the  law.  He  soon  obtained  a  reasonable 
share  of  business,  which  gradually  increased  through  life. 

In  1852  he  was  appointed  circuit  attorney  for  the  Second 
Judicial  District,  and  discharged  the  duties  of  the  office  with 
marked  ability  until  the  latter  part  of  1856.  He  necessarily 
had  to  encounter  some  of  the  ablest  lawyers  of  the  state,  for 
his  circuit  embraced  some  of  the  oldest  and  wealthiest 
counties,  such  as  Howard,  Boone,  and  Callaway.  We  are 
not  aware  of  his  holding  any  other  office,  except  as  a  mem- 


534  BENCH  AND  BAR    OF  MISSOURI. 

ber  of  the  Constitutional  Convention  called  in  1861  to  deter- 
mine upon  the  relations  of  the  state  towards  the  Federal 
government.  The  Convention  was  organized  in  1861,  and 
delegates  were  elected  from  the  senatorial  districts.  His 
district  comprised  the  counties  of  Howard,  Randolph,  and 
Chariton,  and  was  represented  in  part  by  General  Sterling 
Price.  In  1863  General  Price  was  expelled  for  disloyalty, 
and  Mr.  Prewitt  elected  in  his  place,  and  took  his  seat  on  June 
17th.  The  labors  of  the  Convention  were  gradually  drawing 
to  a  close,  so  that  he  had  but  little  opportunity  of  making 
reputation  as  a  forensic  debater.  One  of  the  main  questions 
then  to  be  decided  was  in  reference  to  the  emancipation  of 
the  slaves.  Mr.  Prewitt  took  strong  ground  in  favor  of  the 
Union,  but  was  very  conservative  in  his  course,  and,  while  he 
admitted  that  slavery  was  doomed,  he  thought  that  sound 
policy  dictated  that  the  loyal  slaveholders  should  to  some 
extent  be  compensated  for  the  loss  of  their  slaves.  This 
policy  was  strongly  advocated  by  Mr.  Lincoln  in  the  com- 
mencement of  his  administration.  There  were  more  slaves 
in  Mr.  Prewitt's  district  than  any  other,  and  the  loss  of  prop- 
erty by  abolition  or  emancipation  would  necessarily  fall 
heavily  upon  his  constituents.  It  was  natural,  therefore,  that 
he  should  advocate  some  measure  for  the  protection  of  the 
loyal  slaveholder.  That  the  reader  may  better  understand 
the  views  of  Mr.  Prewitt  on  this  subject  we  give  the  follow- 
ing extract  from  one  of  his  speeches  in  the  Convention: 

"  We  are  told  that  this  slave  property  must  be  taken  away  from  us  without 
compensation,  notwithstanding  that  the  Constitution  guarantees  that  property 
to  us,  or  its  equivalent.  Was  it  not  in  virtue  of  that  Constitution,  and  in  full 
reliance  on  it,  that  the  people  were  invited  to  settle  in  this  state?  And  are  we 
now  to  be  told  that  this  contract  is  to  be  canceled  and  no  compensation  made  ? 
Gentlemen  tell  us  to  be  patriotic;  we  desire  to  be  so.  Gentlemen  tell  us  to 
stand  by  the  flag  of  the  country,  and  to  put  everything  out  of  the  way  that  pre- 
vents its  advance.  We  desire  to  do  so;  we  mean  to  do  so.  and  to  stand  by  the 
Union  and  the  government  of  the  United  States  against  all  foes,  come  from 
wherever  they  may.  But  are  gentlemen  who  are  so  generous  and  profuse  in 
their  demands  upon  us  prepared  to  make  equal  sacrifices  ?  Are  gentlemen  who 
ask  my  constituents  to  give  up  perhaps  an  only  slave,  quite  ready  to  display 
equal  patriotism  ?  Can  it  be  that  these  glowing  apjjcals  to  our  patriotism  come 
from  gentlemen  who  neither  offer  nor  expect  to  make  any  sacrifices  ?    There  are. 


ROBERT   T.   PRE  WITT.  535 

perhaps,  ioo,cxK>  slaves  in  Missouri.  Gentlemen  require  that  those  slaves 
should  be  given  up  by  their  owners.  Some  of  these  owners  may  be  disloyal ;  if 
so,  their  property  is  confiscated  by  the  laws  of  the  United  States ;  but  my  ap- 
peal is  in  behalf  of  the  loyal  slaveholders  of  Missouri.  Sir,  we  are  embarked 
in  a  great  undertaking;  but  the  loyal  men  of  Missouri,  shoulder  to  shoulder, 
are  marching  steadily  forward;  the  state  rebellion  is  crushed,  the  government 
and  the  Union  will  be  maintained,  and  peace  will  be  again  restored  to  our 
distracted  land." 

We  regret  that  space  will  not  permit  us  to  publish  more 
of  this  speech,  but  the  reader  will  find  it  in  full  in  the  pub- 
lished proceedings  of  the  Convention  for  1863. 

Mr.  Prewitt  was  a  man  of  noble  impulses  and  of  the  highest 
integrity,  and  was  much  beloved  by  all  who  knew  him.  He 
was  a  fine-looking  man,  and  his  genial  disposition  and  happy 
temperament  brought  him  a  large  number  of  devoted  and 
attached  friends.  He  was  a  fluent  and  impressive  speaker, 
but  not  an  orator.  His  style  of  declamation  was  more  con- 
versational than  otherwise.  He  was,  moreover,  a  close  stu- 
dent, and  never  neglected  the  interests  of  his  client. 

In  1844  he  married  Martha  A.  Williams,  daughter  of  F. 
E.  and  M.  A.  Williams,  of  Howard  County,  a  most  estimable 
lady,  who  with  five  daughters  survives  him.  He  died  at 
Fayette,  in  September,  1873,  at  the  age  of  fifty-five. 


Math  IAS  McGirk. 

This  popular  and  able  jurist  was  one  of  the  three  judges  first 
appointed  to  the  supreme  bench  of  Missouri.  His  colleagues 
were  John  D.  Cook  and  John  Rice  Jones,  and  their  commis- 
sions issued  in  1820. 

He  was  born  in  Tennessee  about  1790,  studied  law  there, 
and  came  to  St.  Louis  when  quite  a  young  man.  He  could 
not  have  acquired  much  practice  in  St.  Louis,  for  about  1827 
or  1828  he  removed  to  Montgomery  County  and  practiced 
in  all  the  courts  of  that  circuit,  and  his  name  appears  among 
those  who  attended  court  in  old  Franklin.  Shortly  after 
going  to  Montgomery  County  he  married  a  Miss  Talbot,  who 
belonged  to  an  old  and  influential  family,  some  of  whom  are 
still  living  in  that  section  of  the  state. 

Judge  McGirk  was  fond  of  agriculture,  and  built  himself 
a  beautiful  residence  on  or  near  Lautre  Island,  one  of  the 
islands  of  the  Missouri  River,  and  nearly  opposite  the  present 
town  of  Hermann.  We  spent  a  night  with  him  there,  about 
1838,  and  he  entertained  us  with  true,  genuine  hospitality. 

He  was  a  man  of  medium  size,  about  five  feet  ten,  and 
somewhat  inclined  to  corpulency.  He  was  not  favored  with 
a  classical  education,  and  his  reading,  outside  of  the  law,  was 
not  extensive.  There  was  no  brilliancy  about  him,  but  he 
had  good,  practical  sense,  with  a  naturally  strong  and  vigor- 
ous intellect,  and  a  fine,  retentive  memory,  which  enabled 
him  to  gather  a  large  amount  of  legal  learning.  He  was  not 
at  the  bar  long  enough  to  build  up  a  reputation  as  a  practi- 
tioner. When  he  had  his  friends  about  him  he  was  disposed 
to  be  humorous,  but  among  strangers  was  very  reticent. 

Judge  McGirk  remained  on  the  bench  until  1841,  and  was, 
during  most  of  his  judicial  services,  presiding  justice.  As  a 
jurist  he  grew  rapidly  in  reputation  and  public  favor,  and  was 
always  popular  with  the  bar.     His  opinions  will  be  found  in 


MATH  I  AS  M'GIRK.  537 

the  first  six  volumes  of  our  Reports,  and  will  compare  favor- 
ably with  those  of  any  other  judge  of  his  time. 

His  language  was  strong,  concise,  vigorous,  and  terse,  and 
remarkably  free  from  doubt  and  ambiguity.  There  was 
nothing  stiff  or  strained  in  his  diction,  nor  did  it  show  any  in- 
dication of  having  been  studied  or  measured.  He  was  a 
fluent  conversationalist,  and  wrote  as  he  spoke.  In  examin- 
ing his  published  opinions  the  reader  will  look  in  vain  for 
anything  like  studied  phraseology  or  verbiage.  His  style  is 
easy,  flowing,  and  natural,  and  in  perfect  harmony  with  his 
thoughts  and  reflections. 

It  has  been  stated,  bv  those  who  had  the  means  of  know- 
ing,  that  he  seldom  rewrote  an  opinion,  nor  did  his  original 
draft  contain  many  changes  or  alterations. 

In  politics  he  was  an  Old-Line  Whig,  very  decided  in  his 
views,  and  probably  would  have  been  very  active  but  for  the 
restraint  imposed  by  his  official  position.  The  only  public 
positions  he  held  were  those  of  judge  of  the  Supreme  Court 
and  member  of  our  Territorial  Legislature.  He  must  have 
come  to  the  state  as  early  as  1814,  for  in  18 16  he  was  the 
author  of  the  bill  to  introduce  the  common  law  into  Missouri, 
and  presented  it  as  a  member  of  the  Legislature.  It  passed 
as  he  framed  it,  and  many  other  important  statutes  were  in- 
troduced and  passed  of  which  he  was  the  author. 

Judge  McGirk  never  had  any  children,  but  his  widow  sur- 
vived him  many  years. 

Among  the  able  men  of  our  state  who  studied  law  under 
him  is  the  Hon.  John  D.  S.  Dryden,  late  judge  of  our 
Supreme  Court,  who  speaks  in  the  highest  terms  of  Judge 
McGirk's  probity  and  judicial  learning. 


Robert  W.  Wells. 

We  are  conscious  that  any  sketch  of  the  early  Hfe  and  ca- 
reer of  this  able  jurist  and  long-tried  public  servant  which 
may  be  prepared  from  the  scanty  material  on  hand  must 
necessarily  be  very  imperfect.  We  first  saw  him  at  Jefferson 
City  in  the  winter  of  1836-7,  while  on  a  visit  to  the  capital 
to  obtain  from  the  Supreme  Court  admission  to  the  bar. 
Although  never  on  intimate  terms  with  Judge  Wells,  we  met 
him  frequently  from  that  time  till  his  death. 

He  was  a  son  of  Richard  Wells,  of  Winchester,  Virginia, 
and  was  born  there  in  1 795.  The  impression  that  his  educa- 
tion was  classical  and  thorough  seems  to  have  been  generally 
entertained,  but  the  contrary  is  true,  for  the  only  school  he 
ever  attended  was  an  ordinary  common-field  school,  such  as 
prevailed  at  that  early  day  throughout  the  Old  Dominion. 
None  but  wealthy  planters  and  gentlemen  of  fortune  were 
able  to  send  their  sons  to  a  college,  and  as  Richard  Wells 
did  not  fall  within  either  of  these  classes,  he  was  forced,  from 
necessity,  to  deny  his  son  the  benefits  of  a  liberal  education. 
But  he  instilled  in  his  young  mind  the  necessity  of  self-exer- 
tion, and  encouraged  him  by  pointing  to  the  brilliant  career  of 
many  self-made  men  who  had  attained  the  highest  distinction 
in  the  various  pursuits  of  life  with  no  adventitious  circum- 
stances to  aid  them.  Young  Wells  was  fond  of  his  books, 
being  a  constant  reader,  and,  with  the  assistance  of  such 
translations  of  ancient  authors  as  fell  in  his  way,  he  acquired 
a  fair  knowledge  of  the  classics.  He  must  have  studied 
Latin  under  some  private  tutor — most  probably  about  the 
time  he  was  preparing  himself  for  admission  to  the  bar — for 
in  after  years  we  noticed  in  his  large  library  many  Latin  works 
that  gave  evidence  of  much  use,  with  marginal  notes  and 
references  in  his  own  handwriting. 

When  he  reached  his   nineteenth  or  twentieth  year  he  en- 


ROBERT  IV.  WELLS.  539 

tered  upon  the  study  of  the  law  with  Judge  Vinton,  of  Ma- 
rietta, Ohio,  and  nearly  completed  his  studies  with  that 
gentleman.  He  then  came  to  Missouri,  and  commenced  his 
professional  life  at  St.  Charles.  This  was  during  our  terri- 
torial government,  and  was  probably  as  early  as  1818  or  18 19, 
if  not  before  that  time,  for  upon  the  admission  of  the  state 
into  the  Union  he  had  acquired  considerable  practice,  and 
was  appointed  prosecuting  attorney  in  the  St.  Charles  Cir- 
cuit, embracing  St.  Charles,  Lincoln,  Pike,  Ralls,  and  other 
counties.  Judge  Rufus  Pettibone  was  the  judge  of  the  cir- 
cuit, and  the  first  appointed  under  the  state  government. 

The  political  trouble  growing  out  of  the  admission  of  Mis- 
souri formed  one  of  the  most  exciting  and  important  epochs 
in  our  nation's  history,  and  came  very  near  precipitating  us 
in  a  bloody  revolution.  Some  of  the  strongest  articles  which 
appeared  upon  that  subject  in  the  Missouri  press  were  attrib- 
uted to  the  pen  of  Mr.  Wells.  He  was  certainly  a  writer 
of  more  than  ordinary  ability.  We  are  unable  to  state  how 
long  he  filled  the  office  of  circuit  attorney,  but  most  probably 
until  about  the  time  he  was  appointed  attorney-general  of 
the  state,  which  was  January  21,  1826.  This  responsible  and 
highly  honorable  office,  which  had  been  previously  filled  by 
Edward  Bates  and  Rufus  Easton,  was  held  by  Mr.  Wells  for 
a  period  of  ten  years.  It  was  no  sinecure,  for  the  attorney- 
general  was,  ex  officio,  reporter  of  the  decisions  of  the  Su- 
preme Court,  prosecuting  attorney  for  the  Cole  Circuit,  super- 
intendent of  common  schools,  one  of  the  Advisory  Board  of 
the  Penitentiary,  and  legal  adviser  of  the  Legislature,  gover- 
nor, and  all  other  state  officers.  The  long  period  for  which 
his  services  were  retained  is  the  best  evidence  of  his  diligent 
and  faithful  discharge  of  the  complicated  and  laborious  duties 
of  the  office. 

Upon  retiring  from  the  office  of  attorney-general  he  was 
appointed  judge  of  the  United  States  District  Court  for  the 
District  of  Missouri,  and  continued  in  this  position  until  his 
death,  which  occurred  April  2,  1865,  at  Bowling  Green, 
in  Kentucky,  while  on  a  visit  to  his  married  daughter.  He 
had  nearly  reached  his  seventieth  year. 


540  BENCH  AND  BAR   OF  MISSOURI. 

Judge  Wells  was  twice  married  —  the  first  time,  in  1832,  to  a 
daughter  of  Major  Elias  Barcroft,  of  St.  Louis  County.  Ma- 
jor Barcroft  was  state  auditor  from  1823  to  1833.  By  this 
marriage  he  had  a  son  and  two  daughters.  A  few  years 
after  the  death  of  his  first  wife,  in  June,  1840,  he  married  Miss 
Covington,  of  Kentucky,  a  very  estimable  lady,  who  still  sur- 
vives him.  By  this  marriage  he  had  two  daughters.  One  of 
his  daughters  by  his  first  marriage  married  General  Monroe 
Parsons,  who  was  waylaid  and  murdered  by  Mexican  out- 
laws. 

Though  a  slaveholder  during  most  of  his  life,  Judge  Wells 
became  satisfied  that  the  institution  was  a  stumbling-block 
in  the  progress  of  his  state,  and  at  a  very  early  time  advo- 
cated a  gradual  system  of  emancipation.  With  him  it  was  a 
question  of  interest,  for  he  had  no  prejudices  to  encounter  in 
opposition  to  slavery.  He  saw  no  hope  for  the  development 
of  our  agricultural  and  mineral  resources  except  through 
free  labor  and  capital,  neither  of  which  would  encounter 
slave  labor.  With  him,  therefore,  it  was  a  question  of  dollars 
and  cents,  of  local  interest,  and  he  was  ready  to  adopt  any 
policy^  which  in  his  judgment  would  invite  immigration, 
labor,  and  capital. 

We  visited  Jefferson  City  at  the  openmg  of  the  Legislature 
in  i860,  and  found  that  body  so  strongly  imbued  with  the 
spirit  of  secession  that  it  was  actually  dangerous  to  make 
open  opposition  to  it.  A  few  of  the  Union  men  met  in  pri- 
vate consultation,  and  to  agree  upon  some  plan  of  resistance 
to  the  treasonable  designs  of  Governor  Jackson  and  his  fol- 
lowers. In  this  little  patriotic  assemblage  we  found  Judge 
Wells,  ready  to  cooperate  with  the  friends  of  the  government, 
and  his  counsel  and  advice  upon  that  occasion  proved  most 
valuable  and  serviceable.  We  saw  but  little  of  him  after- 
wards, but  up  to  the  last  he  proved  a  most  devoted  friend  to 
the  Union. 

In  1845  a  State  Convention  was  called  to  revise  the  Con- 
stitution, and  Judge  Wells  was  elected  a  delegate  from  the 
Cole  Senatorial  District,  and  upon  the  assembling  of  the 
Convention    was  selected  as   its    presiding    ofificer.     During 


ROBERT  W.  WELLS.  54 1 

the  session  he  made  several  speeches  evincing  much  knowl- 
edge of  constitutional  law.  He  was  a  close,  logical  reasoner, 
and  always  secured  the  full  attention  of  his  hearers,  but  he 
had  but  few  of  the  elements  of  oratory.  His  voice  was  sharp, 
shrill,  and  effeminate,  and  he  was  anything  but  graceful  in  his 
gesture  or  delivery.  He  never  spoke  without  ample  prepa- 
ration, and  was  happy  and  effective  in  his  illustrations. 

A  constitution  was  framed,  and  submitted  to  a  vote  of  the 
people,  but  by  reason  of  one  or  two  unfortunate  provisions 
became  obnoxious,  and  was  rejected  at  the  polls. 

Judge  Wells  was  a  consistent  Democrat  through  life,  and 
though  not  a  man  who  had  many  warm  personal  friends,  was 
greatly  admired  for  his  general  learning  and  legal  erudition. 
He  intended,  after  completing  his  visit  to  his  daughter  in 
Kentucky,  to  spend  a  few  months  in  the  East  to  recruit  his 
health,  but  he  never  left  her  house  alive. 

As  soon  as  his  death  was  telegraphed  to  St.  Louis  a  bar- 
meeting  was  held  in  the  city,  and  appropriate  resolutions 
adopted  eulogistic  of  his  character  as  a  man  and  a  jurist. 
These  resolutions  were  spread  upon  the  records  of  the  Fed- 
eral and  state  courts  held  in  St.  Louis.  A  committee  was 
also  appointed  to  receive  his  remains  at  the  depot  on  the  op- 
posite side  of  the  river,  and  to  escort  them  through  St.  Louis 
on  their  way  to  Jefferson  City.  The  bar  of  Cole  County 
also  assembled  and  paid  a  suitable  tribute  to  his  memory. 
The  Hon.  Thomas  T.  Gantt  presided  over  the  St.  Louis  meet- 
ing, and  his  letter  to  Mrs.  Wells,  inclosing  the  proceedings, 
furnishes  not  only  a  true  exhibit  of  Judge  Wells'  character 
as  a  jurist,  but  is  one  of  the  most  beautiful  tributes  to  the 
memory  of  a  distinguished  man  that  has  ever  fallen  under 
our  observation,  and  we  cannot  refrain  from  giving  it  to  the 
public : 

"  St.  Louis,  October  /,  1864. 
"  Mrs.  R.   IF.   IVells, 

^'Jefferson  City,  Mo. 
"  My  Dear  Madam  :    The  melancholy  duty  of  transmitting  to  you  a  copy  of 
the  proceedings  of  the  bar  of  St.  Louis,  on  the  occasion  of  the  death  of  Judge 
Wells,  has  been  assigned  to  me. 

"  In  performing  it  I  cannot  refrain  from  adding  to  what  has  been  said  by  my 


542  BENCH  AND  BAR    OF  MISSOURI. 

professional  brethren   an   cxi^ression  of  the  feelintjs  to  which  the  event  gave  rise 
in  my  mind. 

"  For  more  tlian  twenty-five  years  I  had  known  Judge  Wells.  For  more 
than  twenty  years  I  had  been  honored  by  his  friendship.  During  all  that 
time  he  laid  me  under  continual  obligations  l)y  the  courtesy  of  his  demeanor 
and  the  wisdom  of  his  counsel.  Often  in  circumstances  of  perplexity  I  have 
been  led  by  the  light  of  his  understanding  to  a  clear  view  of  what,  a  few  hours 
previous,  seemed  hopelessly  obscure.  He  illustrated  and  adorned  the  judg- 
ment-scat. He  attracted  respect  to  the  administration  of  the  law,  and,  by  the 
conspicuous  impartiality  and  even-handedness  of  his  course,  conciliated  the 
esteem  of  those  even  against  whom  the  principles  of  jurisprudence  obliged  him 
to  decide.  He  has  done  more  than  any  judge,  living  or  dead,  for  the  elucidation 
and  correct  exposition  of  the  United  States  statutes  on  which  land  titles  in  Mis- 
souri depend.  He  has  left  to  those  to  whom  his  name  descends  the  priceless 
inheritance  of  the  memory  of  the  useful,  unstained  citizen,  the  kind  and  public- 
spirited  member  of  society,  the  firm  and  zealous  patriot,  and  the  learned,  up- 
right, indefatigable,  and  most  meritorious  judicial  magistrate. 

"  I  know  how  idle  and  vain  these  words  seem  to  you  in  the  hour  of  your  be- 
rea\ement,  but  I  could  not  say  less  without  violence  to  the  emotions  of  respect 
and  regard  with  which  I  have  been  so  long  imbued  towards  your  deceased  hus- 
band.    When  such  a  man  falls,  it  is  no  ordinary  calamity. 

•'The  state  is  impoverished  by  his  death  —  the  bench  has  lost  its  chief  orna- 
ment; and,  while  the  blow  falls  on  his  family  with  peculiar  and  crushing  se- 
verity, a  large  circle  of  attached  friends,  from  a  respectful  distance,  offer  to  his 
devoted  household  their  condolence  and  sympathy. 

"  I  have  the  honor  to  l)e,  with  the  highest  respect, 

■•  Your  most  oljedient  servant  and  friend, 

"Thomas  T.   Gantt." 

Judge  Wells  was  never  favorably  impressed  with  the 
utility  of  "trial  by  jury,"  e.xcept  in  criminal  cases,  notwith- 
standing it  was  sustained  by  immemorial  usage.  He  re- 
garded the  system  as  it  prevailed  in  the  United  States  better 
calculated  to  defeat  than  attain  the  ends  of  justice.  He 
thoug-ht  that  one  man  educated  in  the  law.  and  who  had 
experience  in  the  analyzation  of  testimony  and  in  its  ap- 
plication to  the  fact  sought  to  be  established,  was  more 
likely  to  elicit  the  truth  than  a  jury  of  twelve  men  selected 
from  all  classes  of  the  community,  some  of  whom  are  un- 
lettered, while  others  are  readily  moved  by  prejudice  or 
popular  commoticMi. 

The  author  avails  himself  of  this  occasion  to  place  upon 
record  his  own  views  upon  this  subject,  predicated  upon  an 
experience  of  forty  years  at  the  bar.     "  Trial  by  jury  "  existed 


ROBERT  W.  WELLS.  543 

at  a  very  early  period  in  England,  and  we  borrowed  it  from 
the  mother  country.  Strange  to  say,  at  one  period  it  be- 
came very  unpopular  by  reason  of  many  abuses  to  which  it 
was  then  subject,  and  these  led  to  the  organization  of  the 
celebrated  "Court  of  Star  Chamber,"  about  A.  D.  1500. 
The  preamble  of  the  act  creating  this  memorable  tribunal 
refers  to  combinations  which  had  been  formed  for  the  ob- 
struction of  justice  ;  cites  the  partiality  of  sheriffs  in  making 
up  their  panels,  the  taking  of  money  by  jurors,  and  the  riots 
and  unlawful  assemblages  which  served  to  defeat  the  fair 
administration  of  justice.  The  lord  chancellor,  the  treas- 
urer, the  keeper  of  the  privy  seal,  with  a  bishop  and  tem- 
poral lord  of  the  council,  and  the  chief  justices  of  the  King's 
Bench  and  Common  Pleas,  constituted  the  court.  It  had  no 
power  over  the  life  of  the  subject,  but  inflicted  the  most 
cruel  and  barbarous  punishments. 

It  is  said  by  Mr.  Emory  Washburn,  in  an  able  article 
which  appeared  in  the  October  number,  1877,  of  the  Ameri- 
can Latv  Review,  from  which  we  have  drawn  some  valuable 
information  respecting  the  origin  of  this  court,  that  it  was 
undoubtedly  created  for  salutary  purposes.  But  whatever 
evils  may  have  existed  in  the  jury  system  at  that  early 
period  of  time,  the  Court  of  Star  Chamber  failed  to  remove 
them,  and  the  court  itself  became  an  engine  of  oppression. 

At  the  present  day  the  jury  system  in  England  is  well 
guarded  by  law,  and  is  unquestionably  one  of  the  greatest 
safeguards  of  the  British  subject. 

In  the  United  States  it  has  always  been  popular,  but  it  is 
evident  to  every  one  whose  attention  has  been  called  to  the 
subject  that  for  the  last  quarter  of  a  century  it  has  gradu- 
ally declined  in  public  estimation.  This  is  not  the  fault  of 
the  system,  but  grows  out  of  the  want  of  proper  legislation 
to  guard  against  its  abuses. 

It  is  patent  to  those  who  have  been  in  the  habit  of  attend- 
ing the  courts  of  St.  Louis  that  at  least  five  out  of  seven  of 
the  juries  there  impaneled  are  totally  unfit  for  jury  service. 
It  not  unfrequently  occurs  that  two-thirds  of  a  panel  do  not 
understand  the   English  language.      It  is  also   true  that  men 


544  BENCH  AND  BAR   OF  MISSOURI. 

are  frequently  smuggled  on  a  jury  for  the  sole  purpose  of 
preventing  a  verdict;  particularly  is  this  the  case  in  the 
Criminal  Court.  If  the  accused  has  money  and  influential 
friends,  or  either,  a  conviction  is  next  to  an  impossibility. 

Another  objection  lies  in  the  fact  that  such  a  body  of 
men,  with  minds  differently  constituted  and  habits  greatly 
diversified,  are  too  liable  to  disagree,  and  these  disagree- 
ments necessarily  entail  additional  costs  and  expenses  upon 
parties  litigant.     This  objection  has  much  weight. 

For  several  years  past  the  press  throughout  the  country, 
and  particularly  in  St.  Louis,  has  freely  criticised  our  jury 
system,  and  these  criticisms  have  led  to  no  little  legislation. 
In  St.  Louis  we  have  a  jury  law  applicable  to  St.  Louis 
alone,  and  yet  no  visible  change  can  be  seen  in  the  char- 
acter of  our  juries.  Unless  some  plan  can  be  devised  to 
remedy  the  evils  we  have  suggested,  "trial  by  jury"  will 
eventually  become  a  mere  mockery.  We  do  not  pretend  to 
suggest  the  remedy,  but  the  law  should  at  least  be  so  modi- 
fied as  to  limit  the  number  and  class  of  cases  upon  which  a 
jury  can  pass.  We  have  been  gradually  floating  into  the 
habit  of  submitting  to  juries  issues  of  fact  arising  in  chan- 
cery suits.  This  is  a  most  pernicious  practice,  and  unless 
checked  by  suitable  legislation  will  lead  to  the  overthrow  of 
chancery  jurisdiction. 

To  avoid  disagreements  in  civil  cases  a  given  number  (nine 
has  most  frequently  been  suggested)  should  be  permitted  to 
find  a  verdict. 

It  is  to  be  hoped  that  some  public  benefactor,  equal  to 
the  emergency,  may  yet  be  able  to  suggest  a  plan  which 
will  restore  this  ancient  rite  to  public  confidence.  It  has 
too  long  prevailed,  and  is  too  deeply  imbedded  in  the  hearts 
of  the  American  people,  to  be  now  wholly  abandoned. 


Alexander  L.  Slayback. 

Those  of  the  early  inhabitants  of  Marion,  Shelby,  and  La- 
fayette Counties,  in  this  state,  who  still  survive  must  retain 
a  pleasant  recollection  of  the  gentleman  whose  name  is 
above,  for  he  was  not  only  one  of  those  genial  spirits  who 
never  fail  to  secure  many  warm  and  attached  friends,  but 
was  a  man  of  learning  and  promise,  and  bade  fair  to  make  a 
high  reputation  in  his  profession.  Death,  however,  "  who 
loves  a  shining  mark,"  cut  him  down  in  the  morning  of  life, 
and  at  a  time  when  fortune  was  responding  to  every  wish  of 
his  heart. 

He  was  a  son  of  Dr.  Abel  Slayback,  of  Cincinnati,  and 
was  born  in  that  city  in  1817.  When  but  fifteen  years  of 
age  he  was  sent  to  Marion  College,  in  Missouri,  an  institu- 
tion of  learning  under  the  direction  and  control  of  the  Pres- 
byterian denomination,  and  conducted  on  the  manual-labor 
plan.  It  was  then  regarded  as  the  best  college  in  the  state, 
for  we  had  no  state  university  or  educational  institution 
under  the  endowment  of  the  state,  or  maintained  by  state 
aid.  Young  Slayback  pursued  his  studies  here  with  much 
diligence,  and  during  his  vacations  entered  upon  a  course  of 
reading,  under  the  direction  of  his  father,  which  it  was  sup- 
posed would  be  advantageous  to  him  when  he  commenced 
the  study  of  the  law,  for  at  an  early  period  he  had  fixed 
upon  the  legal  profession  as  best  suited  to  his  order  of 
mind  and  personal  inclinations.  In  this  he  was  encouraged 
by  his  father,  who  discerned  in  the  son  mental  traits  that  in 
his  judgment  fitted  him  for  a  professional  life. 

In  June,  1838,  he  was  admitted  to  the  bar  by  Judge 
McGirk,  of  the  Supreme  Court.  As  stated  elsewhere  in 
this  work,  an  application  for  a  law-license  at  that  time  had 
to  be  made  directly  to  the  Supreme  Court,  or  one  of  the 
judges  thereof,  in  vacation,  and  the  examination   was  strict 

35 


546  BENCH  AND   BAR    OF  MISSOURI. 

and  searching.  Judge  McGirk  congratulated  him  upon  the 
good  examination  he  had  passed,  and  gave  him  some  good 
advice  with  reference  to  his  future  course,  which  the  young 
claimant  for  legal  honors  fully  appreciated. 

In  July,  1837,  he  married  Miss  Anna  M.  Minter,  eldest 
daughter  of  I.  A.  Minter,  Esq.,  of  Philadelphia,  and  opened 
a  law-office  in  Shelbyville,  the  county-seat  of  Shelby  County. 
He  soon  obtained  a  fair  amount  of  business,  but  to  a  young 
practitioner,  without  fortune,  and  solely  dependent  upon  his 
own  exertions,  it  was  necessarily  a  life  of  toil  and  privation  ; 
but  he  was  greatly  encouraged  by  the  reception  he  received 
from  the  people,  and  by  the  womanly  devotion  of  his  good 
wife,  who  ev^er  made  his  home  happy  and  cheerful.  He 
practiced  in  Shelby,  Knox,  Lewis,  Marion,  and  Audrain 
Counties,  and  on  special  occasions  attended  courts  in  other 
counties. 

In  May,  1847,  he  concluded  to  change  his  residence,  and 
moved  to  Lexington,  in  Lafayette  County.  Lexington  was 
growing  rapidly  in  population  and  wealth,  and  not  only 
afforded  a  larger  field  in  which  to  prosecute  his  profession, 
but  presented  greater  facilities  for  educating  his  children. 
His  great  probity  of  character,  close  application  to  business, 
and  fine  oratorical  powers  readily  attracted  the  attention  of 
the  people  of  Lafayette,  and  he  was  soon  retained  in  many 
prominent  cases  pending  in  the  courts  of  that  circuit. 
Though  a  public-spirited  man,  he  took  but  little  interest  in 
politics,  and  never  would  permit  his  name  to  be  used  for  a 
public  office.  He  was  a  very  ardent  Mason,  and  labored 
hard  to  secure  the  location  of  the  Masonic  College  at  Lex- 
ington, and  in  1848  delivered  the  address  at  the  laying  of 
the  corner-stone  of  that  institution. 

He  died  August  19,  1848,  very  suddenly,  in  his  thirty-first 
year,  leaving  a  widow  and  five  children,  the  youngest  of 
whom  survived  him  but  a  short  time.  The  three  sons, 
Alonzo  W.,  Charles  E.,  and  Preston  T.,  are  now  residents  of 
St.  Louis,  the  former  being  well  known  as  an  able  and  promi- 
nent member  of  the  St.  Louis  bar. 

The  subject  of  our  sketch  did  not  live  long  enough  to  ob- 


ALEXANDER  L.  SLAY  BACK.  547 

tain  that  distinction  in  his  profession  which  his  talents,  prac- 
tical Christian  habits,  and  great  personal  integrity  entitled 
him  to,  and  no  doubt  would  have  secured  to  him.  We  have 
made  no  reference  to  his  cheerful  and  genial  disposition, 
which  made  him  a  favorite,  particularly  with  his  co-laborers 
at  the  bar.  He  was  the  life  of  every  company  in  which 
he  entered  ;  had  a  copious  fund  of  good  humor,  and  was 
never  wanting  in  a  good  anecdote  to  amuse  others.  He 
was  an  exceedingly  fluent  and  ready  speaker,  and  his  dis- 
courses abounded  in  pathos  and  dignified  wit,  and  his 
manner  was  wholly  free  from  the  appearance  of  labored 
preparation.  His  unexpected  death  was  not  only  a  terrible 
blow  to  his  confiding  family,  but  proved  a  serious  loss  to  a 
profession  which  has  not  many  such  men  to  spare. 

Mr.  Slayback  was  a  practical  and  true  Christian,  having 
united  with  the  Presbyterian  Church  when  only  sixteen  years 
of  age,  and  his  life  furnishes  a  contradiction  to  the  com- 
monly-received opinion  that  a  successful  lawyer  cannot  be  a 
sincere  Christian.  Upon  this  subject  we  have  made  some 
comments  in  our  life  of  Josiah  Spalding,  and  since  writing 
that  sketch  have  fallen  upon  the  words  of  that  great  lexicog- 
rapher, essayist,  and  critic,  Dr.  Samuel  Johnson.  Johnson 
studied  law,  though  he  never  practiced,  and  had  a  good  con- 
ception of  the  duties  of  an  attorney.  His  biographer, 
Boswell,  credits  him  with  saying:  "A  lawyer  is  not  to  tell 
what  he  knows  to  be  a  lie  ;  he  is  not  to  produce  what  he 
knows  to  be  a  false  deed  ;  but  he  is  not  to  usurp  the  province 
of  the  jury  and  of  the  judge,  and  determine  what  shall  be 
the  effect  of  evidence,  what  shall  be  the  result  of  evidence, 
what  shall  be  the  result  of  legal  argument.  A  lawyer  is  to 
do  for  his  client  all  that  his  client  might  fairly  do  for  himself, 
if  he  could.  If,  by  a  superiority  of  attention,  of  knowledge, 
of  skill,  and  a  better  method  of  communication,  he  has  the 
advantage  of  his  adversary,  it  is  an  advantage  to  which  he 
is  entitled.  There  must  always  be  some  advantage,  on  one 
side  or  the  other ;  and  it  is  better  that  advantage  should  be 
had  by  talents  than  by  chance.  If  lawyers  were  to  under- 
take   no  causes  till  they  were   sure  they   were  just,  a   man 


54'^  BENCH  AND  BAR    OF  MISSOUKL 

might  be  precluded  altogether  from  a  trial  of  his  claim, 
though  were  it  judicially  examined  it  might  be  found  a  very 
just  claim."  These  views  of  Dr.  Johnson  cannot,  in  our 
judgment,  be  successfully  controverted.  An  experience  of 
forty  years  at  the  bar,  in  which  we  have  defended  persons 
charged  with  crime  from  the  lowest  to  the  highest  degree, 
has  satisfied  us  that  when  a  lawyer  is  called  upon  to  defend 
an  alleged  criminal,  the  chief  duty  incumbent  upon  him  is 
to  see  that  his  client  has  a  fair  trial;  that  he  is  not  preju- 
diced by  false  testimony  or  false  clamor  ;  that  he  receives  the 
full  benefit  of  every  presumption  of  the  law  that  may  be  in 
his  favor,  and  of  all  facts  and  circumstances  that  may  tend  to 
mitigate  his  offense.  The  lawyer  is  not  to  be  theorizing  upon 
the  probabilities  of  guilt,  but,  in  the  absence  of  any  positive 
knowledge,  is  to  presume,  what  the  law  presumes,  that  his 
client  is  innocent  until  the  contrary  is  proved.  He  is  to 
bear  in  mind  that  the  jury  is  to  pass  upon  the  cjuestion  of 
guilt  or  innocence,  under  such  instructions  as  to  the  law 
as  the  court  may  give.  When  he  has  done  this  he  has  dis- 
charged his  duty.  A  contrary  course  would  deprive  his 
client  of  the  benefit  of  those  safeguards  which  the  law  has 
thrown  around  him  for  his  protection,  and  which  are  wisely 
provided  to  elicit  the  truth. 

It  is  said  that  Mr.  Slayback  in  his  youth  exhibited  man}' 
of  those  traits  of  character  for  which  he  became  noted  in 
manhood      It  was  Milton  who  said, 

"  The  childhood  shows  the  man 
As  morning  shows  the  day." 

He  was  slender  in  person,  and  about  six  feet  four  inches  in 
height,  and  had  light  brown  hair.  He  was  fond  of  mtisic, 
and  played  well  on  the  flute  and  violin. 


JOHN    C.    RICHARDSON. 

No  man  living  can  sketch  the  hfe  of  this  popular  and  dis- 
tinguished lawyer  and  do  his  memory  justice.  It  is  not  the 
purpose  or  office  of  eulogy  to  magnify  the  virtues  of  the 
dead,  but  to  exhibit  those  really  possessed  as  examples 
worthy  of  imitation,  and  to  keep  alive  in  our  memory  the 
good  deeds  performed  through  life.  It  furnishes  a  stimu- 
lus to  the  rising  generation,  and  offers  an  incentive  to  noble 
action.  If  called  upon  to  furnish  a  model  of  a  good  lawyer, 
a  good  citizen,  and  one  who  most  deservedly  ranked  as  one 
of  God's  noblemen,  we  should  instinctively  name  John  C. 
Richardson.  We  knew  him  well  —  we  knew  him  intimately; 
we  loved  him,  for  it  was  impossible  to  know  him  and  not  love 
him. 

He  was  born,  raised,  and  educated  in  Kentucky,  and 
received  his  legal  education  at  Transylvania  University.  We 
have  not  the  date  of  his  birth,  but  it  must  have  occurred  in 
1817.  On  reaching  his  majority,  in  1840,  he  came  to  Mis- 
souri and  settled  in  Boonville,  where  he  practiced  many 
years,  and  took  rank  with  the  best  lawyers  of  central  Mis- 
souri. Nature  had  provided  iiim  with  all  the  elements  of  a 
successful  lawyer.  His  mind  was  purely  logical,  and  he 
delighted  in  legal  research  and  in  the  investigation  of  appar- 
ently difficult  problems  of  law.  He  was  not  an  orator,  but  as 
a  speaker  was  clear,  lucid,  argumentative,  earnest,  impress- 
ive, fluent,  and  convincing.  Such  was  the  confidence  placed 
in  him  by  courts  and  juries  that  it  was  difficult  to  cc^mbat 
any  proposition  which  he  earnestly  maintained,  and  this  gave 
him  a  success  which  few  lawyers  ever  enjoyed. 

After  obtaining  as  high  a  reputation  as  any  man  could 
obtain  in  the  courts  of  central  Missouri,  Mr.  Richardson  in 
1850  moved  to  St.  Louis,  and  opened  an  office  there  in  con- 
nection   with    Sinclair    Kirtley.     Business  came   to  the  firm 


550  BENCH  AND   BAR    OF  MISSOURI. 

ver\'  rapidly,  but  Mr.  Kirtley's  health  soon  failed,  and  he 
went  to  California.  Mr.  Richardson  then  became  the  part- 
ner of  Samuel  T.  Glover,  Esq.,  and  the  firm  of  Glover  & 
Richardson  did  an  immense  business,  and  was  retained  in 
almost  every  case  of  great  magnitude.  No  firm  in  the  West- 
ern country  ever  enjoyed  a  higher  reputation  or  did  a  more 
lucrative  business  than  that  of  Glover  &  Richardson. 

In  1853  he  held  the  highly  honorable  and  responsible 
office  of  city  counselor  of  St.  Louis.  In  1857  ^  vacancy 
occurred  on  the  bench  of  the  Supreme  Court,  and  Mr.  Rich- 
ardson received  an  almost  unanimous  call  from  the  bar  to  fill 
it.  He  had  no  ambition  for  ofifice  or  public  position,  but  the 
call  was  so  general  and  so  urgent  that  he  was  induced  by  a 
sense  of  duty  to  accept  it,  and  he  was  elected  by  an  over- 
whelming majority  of  the  people.  As  an  evidence  of  his 
ability  as  a  jurist  the  reader  is  referred  to  his  written  opin- 
ions as  found  in  volumes  25  to  28,  inclusive,  of  the  decisions 
of  our  highest  court.  They  are  clear,  lucid,  and  profound, 
and  will  compare  favorably  with  those  of  any  judge  who  ever 
sat  on  the  supreme  bench. 

Judge  Richardson  soon  became  convinced  that  the  duties 
of  the  office  would  impair  his  health,  and  in  1859  he  resigned, 
much  to  the  regret  of  the  profession  throughout  the  state. 
He  returned  to  the  practice,  and  again  entered  into  partner- 
ship with  Mr.  Glover.  While  a  resident  of  Boonville,  Judge 
Richardson  married  a  Miss  Lionberger,  of  that  place,  an  ac- 
complished and  intelligent  lady,  and  the  match  proved  an 
exceedingly  happy  one. 

On  September  21,  i860,  he  died  in  St.  Louis,  in  his  forty- 
second  year.  His  death  created  a  profound  sensation 
throughout  Missouri.  An  immense  meeting  of  the  bar  met 
at  the  court-house,  to  take  action  with  reference  to  his  death. 
The  Hon.  Edward  Bates  was  called  to  the  chair,  Judges 
Wood  and  Lackland  appointed  vice-presidents,  and  M.  R. 
Cullen,  Esq.,  secretary.  Judge  C.  D.  Drake,  from  a  com- 
mittee appointed  by  the  meeting,  reported  a  series  of  resolu- 
tions which  were  unanimously  adopted.  We  here  give  the 
most  important  : 


JOHN  C.  RICHARDSON.  551 

^'Resolved,  That  the  members  of  the  St.  Louis  bar,  assembled  on  the  occa- 
sion of  the  sudden  decease  of  their  professional  brother  Hon.  John  C.  Rich- 
ardson, desire  in  an  especial  manner  to  express  the  profound  grief  with  which 
they  received  the  intelligence  of  that  sad  event,  and  with  which  their  hearts  are 
moved  as  they  come  together  to  do  honor  to  his  memory.  They  feel  that  any 
ordinary  terms  used  on  such  occasions  would  be  wholly  unsuited  to  this.  The 
deceased  was  personally  and  professionally  a  man  of  elevated  and  superior  na- 
ture, who  never  failed  to  impress  those  about  him  with  his  intelligence,  his  gen- 
tleness, and  his  geniality,  as  well  as  with  the  uprightness,  the  dignity,  and  the 
purity  of  his  character.  In  professional  and  in  private  life  he  was  equally 
above  reproach,  equally  without  enemies,  and  equally  the  object  of  sincere  re- 
spect and  cordial  attachment  of  all  who  knew  him.  As  a  lawyer,  his 
acquirements,  his  industry,  his  fidelity,  and  his  amenity  adorned  and  illus- 
trated the  profession,  and  as  a  judge,  during  the  brief  period  of  his  service  as 
such  on  the  supreme  bench  of  this  state,  he  displayed  qualities  which,  had  he 
continued  in  that  sphere,  would  have  placed  his  name  in  the  annals  of  jurispru- 
dence among  the  highest  lights  of  this  country.  His  departure  from  our  midst 
in  the  very  prime  and  vigor  of  manhood  is  a  calamity  to  the  bar  and  the  com- 
munity, over  which  we  have  only  to  mourn  with  deep  and  heartfelt  sorrow." 

When  Mr.  Glover  rose  to  speak  of  his  late  partner  he  was 
so  overwhelmed  with  grief  that  he  could  scarcely  give  utter- 
ance to  his  thoughts.  He  said  Mr.  Richardson's  character 
spoke  the  language  of  truth.  It  reflected  no  false  lights,  but 
it  did  certainly  and  surely  stand  out  from  the  community,  in 
a  little  while,  to  the  eyes  of  those  who  beheld  him,  in  its 
larger  proportions  of  superiority.  Mr.  Glover  alluded  to  an 
interview  between  himself  and  Governor  H.  R.  Gamble,  at 
the  time  Mr.  Richardson  was  called  upon  to  become  a  candi- 
date for  the  supreme  bench.  He  said  Governor  Gamble  was 
one  of  the  first  to  initiate  the  call,  and  remarked  to  him 
"  that  he  considered  Mr.  Richardson,  by  reason  of  his  cor- 
rectness of  mind,  his  patient  industry  and  soundness  of  judg- 
ment, the  proper  man  to  be  placed  upon  the  bench  ;  that 
an  eloquent  man  was  always  liable  to  make  a  very  poor 
judge  —  that  he  would  fail  in  the  analyzation  of  the  subject, 
that  he  would  theorize  to  please  his  fancy,  to  the  neglect  of 
those  tedious,  dry,  and  more  uninteresting  details  the  consid- 
eration of  which  was  essential  to  proper  adjudication,  and 
to  bring  out  the  justice  of  the  case  under  the  law  that  is 
applicable  to  it." 


552  BENCH  AND   BAR   OF  MISSOURI. 

Major  Uriel  Wright  said  his  was  a  round  character,  with 
no  angular  point  about  it  either  in  morals  or  intellect. 

Several  others  addressed  the  meeting  in  terms  of  the  high- 
est eulogy.  We  noticed  in  the  meeting  many  merchants, 
mechanics,  and  manufacturers,  all  of  whom  seemed  to  mani- 
fest a  deep  feeling  of  regret  at  the  great  loss  which  had  been 
sustained,  for  his  death  cast  a  deep  gloom  over  the  entire 
community. 

His  widow  and  several  children  survive  him. 


Chester  Harding,  Jr., 

Second  son  of  Chester  Harding,  the  celebrated  Boston  artist, 
was  born  in  the  village  of  Northampton,  Massachusetts,  in 
October,  1826.  When  of  proper  age  he  attended  the  public 
school  of  his  native  village,  and  afterwards  in  Boston  and 
Springfield,  Massachusetts,  till  he  was  fourteen  years  of  age, 
when  he  entered  Phillips  x^cademy,  at  Exeter,  New  Hamp- 
shire, where  he  fitted  for  college  and  entered  the  sophomore 
class  of  Harvard  University,  Massachusetts,  in  the  year  1842. 
During  his  whole  collegiate  course  he  stood  high  in  all  his 
college  classes,  and  was  distinguished  for  probity  of  character 
and  manly  bearing.  He  was  universally  esteemed  and  be- 
loved by  his  classmates. 

After  leaving  college  Chester  Harding  came  to  St.  Louis, 
and  commenced  the  study  of  the  law,  in  the  early  part  of  the 
year  1847,  under  direction  of  his  brother-in-law,  Hon.  John 
M.  Krum,  then  judge  of  the  St.  Louis  Circuit  Court.  Early 
in  1 848  he  entered  the  law  school  at  Harvard  College,  where 
he  graduated  in  1850.  In  the  same  year  he  returned  to  St. 
Louis  and  commenced  the  practice  of  law,  and  in  1852  be- 
came a  partner  of  his  brother-in-law,  Judge  Krum  (who  had 
retired  from  the  bench),  and  continued  in  practice  in  the  firm 
of  Krum  &  Harding  till  the  outbreak  of  the  civil  war,  in 
April,  1 86 1,  when  he  promptly  relinquished  his  professional 
business  and  entered  the  army,  commissioned  as  colonel. 
He  was  made  assistant  adjutant-general,  and  assigned  to 
duty  on  the  staff  of  General  Nathaniel  Lyon,  headquarters 
at  United  States  Arsenal,  St.  Louis. 

We  will  first  speak  of  the  personal  and  professional  char- 
acter of  Mr.  Harding.  He  was  a  diligent  student  in  his  pro- 
fession, and  soon  took  front  rank  at  the  St.  Louis  bar.  He 
was  generous,  magnanimous,  and  the  soul  of  good  nature. 
Honor  and  integrity  marked   his  intercourse  with  his  fellow- 


554  BENCH  AND  BAR    OF  MISSOURI. 

men,  and  his  noble  character  was  appreciated  and  respected 
by  all  who  knew  him.  His  strength  as  a  lawyer  appeared  in 
his  complete  grasp  and  appreciation  of  every  proposition  of 
law  that  arose  in  his  practice,  and  his  discussions  of  legal 
questions  were  always  clear,  logical,  and  forcible,  though  al- 
ways demonstrated  in  a  simple,  unostentatious  manner.  Both 
the  bar  and  the  bench  regarded  him,  though  young,  as  one  of 
the  leading  lawyers  in  the  state  of  Missouri. 

Mr.  Harding  took  little  part  in  political  affairs,  rarely  at- 
tended political  gatherings,  and  never  was  a  candidate  for, 
or  held,  a  political  office.  When  the  first  gun  of  the  civil  war 
was  fired  at  Sumter,  every  energy  of  Harding  was  aroused, 
and  every  thought  and  feeling  of  his  nature  was  awakened 
and  centered  in  his  country's  cause.  This  leads  us  to  speak 
of  his  military  career.  In  the  inception  of  the  civil  war  it  is 
well  known  that  St.  Louis  and  Missouri  occupied  a  conspicu- 
ous position.  Captain  Nathaniel  Lyon  (afterwards  general) 
was  then  in  command  of  a  small  military  force  at  the  United 
States  Arsenal  and  Jefferson  Barracks,  St.  Louis.  A  semi- 
state  military  organization  (suspected  of  being  in  sympathy 
with  the  secessionists)  was  then  encamped  at  Camp  Jackson, 
in  the  suburbs  of  St.  Louis.  The  whole  country  was  in  an 
excited  state,  and  alarmed.  Mr.  Harding,  without  an  hour's 
delay,  laid  aside  his  professional  business,  and  tendered  his 
services  to  the  government  in  its  great  emergency.  As  stated, 
Chester  Harding  was  commissioned,  May  i,  1861,  colonel  in 
the  United  States  army,  and  assigned  to  duty,  as  assistant 
adjutant-general,  on  the  staff  of  Brigadier-General  Lyon,  at 
St.  Louis.  Though  undisciplined  in  any  branch  of  the  army 
service,  he  showed  great  fitness  for  his  position,  and  no  officer 
in  the  service  performed  more  important,  difficult,  as  well  as 
delicate  duties  than  he  did  in  the  organization,  fitting  out, 
and  forwarding  military  forces  in  the  Western  Department. 

After  General  Lyon  moved  with  his  army  to  south-west  Mis- 
souri Colonel  Harding  was  senior  officer  in  command  at  St. 
Louis.  His  labors  in  this  service  were  most  arduous,  and  were 
continued  until  he  was  relieved,  on  the  accession  to  the  com- 
mand of  the  Western  Department  by  Major-General  Fremont, 


CHESTER  HARDING,  JR.  555 

in  the  following  month  of  August.  The  reports  of  General 
Lyon  and  other  officers  to  the  adjutant-general  of  the  army, 
one  and  all,  teem  with  expressions  of  their  high  appreciation 
of  the  services  of  Colonel  Harding  while  on  the  staff  of 
General  Lyon  and  in  command  at  St.  Louis. 

Immediately  after  Colonel  Harding  was  relieved  from 
dut\-  at  the  Arsenal  he  was  authorized  to  recruit  a  regiment, 
which  he  did,  and  on  being  mustered  into  service  his  regiment 
was  ordered  to  join  the  forces  under  command  of  General 
Prentiss,  in  south-east  Missouri,  who  was  soon  after  super- 
seded by  General  Grant. 

After  the  battle  at  Belmont  some  of  the  Missouri  regiments 
(including  Colonel  Harding's)  had  become  so  depleted  in 
numbers  they  were  ordered  to  be  consolidated.  This  left 
the  colonel  without  a  command.  He  returned  to  Missouri 
and  was  authorized  b}'  General  Halleck,  who  was  then  (April, 
1862)  in  command  of  the  Western  Department  (or,  as  it  was 
then  called,  the  Department  of  the  Mississippi),  to  recruit  an- 
other regiment,  which  he  did  in  a  very  short  time.  His  new 
regiment,  on  being  mustered  into  service,  was  ordered  to  join 
the  reinforcements  of  Major-General  Pope,  in  the  vicinity  of 
Corinth,  whither  General  Halleck  proceeded,  after  receiving 
reports  of  the  Shiloh  battles,  and  assumed  command  of  all 
the  Union  forces.  After  the  evacuation  of  Corinth  by  the 
rebels  several  of  the  regiments  (including  Harding's)  in 
Pope's  division  were  ordered  back  to  south-east  Missouri,  to 
hold  the  enemy  in  check  along  the  southern  border  of  the 
state.  After  the  evacuation  of  Fort  Pillow  and  Fort  Ran- 
dolph Colonel  Harding,  with  his  regiment,  was  ordered  into 
Arkansas,  in  the  vicinity  of  White  River  from  its  mouth  to  its 
source  in  Missouri,  and  while  in  service  there  he  was  promoted 
to  be  a  brigadier. 

Space  will  not  permit  us  to  follow  in  detail  the  varied  mili- 
tary services  of  General  Harding.  Therefore  suffice  it  to 
say  that  he  continued  from  the  beginning  to  the  termination 
of  the  war,  with  relentless  energy  and  unfaltering  patriotism, 
to   uphold    the  honor,   integrity,   and   union    of  the    United 


55^  BENCH  AND   BAR    OF  MISSOURI. 

States,  and  he  was  mustered  out  of  service  with  the  hcuiors 
accorded  to  a  faithful  soldier. 

General  Harding,  after  the  war,  resumed  the  practice  of 
his  profession  in  the  city  of  St.  Louis,  and  continued  it  with 
varied  success  to  the  time  of  his  death,  which  occurred  in 
February,  1875.  His  remains  rest  in  peace  in  I^ellefontaine 
Cemetery. 

On  the  demise  of  General  Harding  the  members  of  the 
St.  Louis  bar  paid  a  just  and  beautiful  tribute  to  his  worth 
and  memory,  by  the  following  proceedings  : 

"  At  a  meeting  of  the  members  of  the  St.  Louis  bar,  held  in  Circuit  Court- 
Room  No.  I,  on  Thursday,  February  ii,  1875,  for  the  purpose  of  paying  their 
tribute  of  respect  to  their  late  brother,  General  Chester  Harding,  the  following 
proceedings  were  had  : 

"On  motion,  Colonel  James  O.  Broadhead  was  called  to  the  chair.  On  mo- 
tion, a  committee,  consisting  of  Albert  Todd,  A.  N.  Crane,  John  W.  Noble,  J. 
D.  S.  Dryclen,  and  H.  M.  Jones,  was  appointed  to  draft  resolutions,  and  said 
committee  reported  the  following: 

"We,  the  members  of  the  St.  Louis  bar,  have  heard  with  profound  regret 
of  the  death  of  General  Chester  Harding,  and  in  testimony  of  our  regret  and  to 
his  memory  do  resolve  — 

"  I.  That  l)y  the  death  of  General  Harding  the  bar  of  St.  Louis  has  been 
deprived  of  one  of  its  most  learned  and  honorable  members,  the  community 
of  a  brave,  upright,  warm-hearted,  and  patriotic  citizen  —  one  who  was  unselfish 
and  steadfast,  who  loved  his  fellow-men,  and  who  through  a  long  career  in  our 
midst  has  been  distinguished  for  purity,  candor,  and  justice  in  all  his  private  re- 
lations, and  for  the  honest,  persevering,  and  intelligent  discharge  of  his  public 
duties  and  engagements. 

"2.  That  we  will  mourn  with  those  nearest  and  dearest  to  him,  and  sympa- 
thize with  them  in  their  sad  bereavement. 

"  3.  That  we,  in  further  token  of  our  regard  for  our  deceased  brother,  will 
in  a  body  attend  his  funeral." 


AIKMAN    WELCH. 

This  gentleman  was  a  native  of  Missouri,  and  born  in 
Warren  County,  May  25,  1827.  After  receiving  his  prehmi- 
nary  education  he  was  sent  to  Columbia  College,  Washing- 
ton, D.  C,  where,  if  we  have  not  been  misinformed,  he  gradu- 
ated. After  returning  to  Missouri  he  spent  two  years  in  the 
study  of  the  law,  was  then  admitted  to  the  bar,  and  located  at 
Warrensburg,  in  Johnson  County.  He  soon  gave  evidence 
of  more  than  ordinary  legal  ability.  In  i860  he  represented 
Johnson  County  in  the  State  Legislature.  In  December, 
1 86 1,  he  was  appointed,  by  Governor  Gamble,  attorney-gen- 
eral—  certainl)'  a  very  high  compliment  to  his  professional 
ability  when  we  consider  that  Governor  Gamble  was  himself 
without  a  superior  at  the  Missouri  bar. 

It  was  about  this  time  that  we  made  Mr.  Welch's  acquaint- 
ance. He  was  a  tall,  spare-made  man,  and  seemed  to  be 
suffering  from  weakness  of  his  lungs  — indeed,  he  died  a  few 
years  afterwards  with  pulmonary  consumption.  We  heard 
him  make  one  or  two  arguments  in  the  Supreme  Court  which 
evinced  no  little  knowledge  of  the  law.  He  was  very  affable 
in  his  manners,  and,  as  a  speaker,  fluent  and  argumentative. 
He  never  could  have  excelled  as  an  orator,  nor  did  he  make 
any  pretensions  in  that  sphere.  His  excellent  common 
sense,  and  practical  views  upon  all  questions  which  he  dis- 
cussed, secured  the  ear  and  close  attention  of  his  audience. 

In  the  Convention  called  to  take  into  consideration  the  re- 
lations of  the  state  with  fhe  Federal  government,  and  which 
convened  at  Jefferson  City  in  February,  1861,  he  took  his 
seat  as  a  delegate  from  the  Fifteenth  Senatorial  District, 
composed  of  the  counties  of  Henry  and  Johnson.  He  at 
once  took  strong  ground  against  the  severance  of  the  Union, 
and  denounced  secession  as  absolute  treason.  Very  few  of 
the  members  took  a  more  active  part  in  the  debates,  and  few 


558  BENCH  AND  BAR   OF  MISSOURI. 

sustained  themselves  better  in  the  warm  and  heated  contests 
which  arose  in  the  Convention.  After  he  became  attorney- 
general  Governor  Gamble  consulted  him  freely  upon  all 
matters  pertaining  to  the  administration. 

Mr.    Welcii    married    Miss    Annie    Hitch,   of   St.  Charles 
County,  Missouri.      He  died  July  29,  1864. 


Newton  D.  Strong. 

This  gentleman,  with  whom  we  were  well  acquainted,  was 
the  second  son  of  William  L.  Strong,  a  Presbyterian  minis- 
ter, who  for  more  than  twenty-five  years  was  pastor  of  a 
church  in  Connecticut,  and  afterwards  of  a  church  in  central 
New  York.  Newton  was  born  October  17,  1809,  at  Somers, 
Lolland  County,  Connecticut,  and  there  he  spent  his  earlier 
years.  He  was  prepared  for  admission  to  college  by  his 
father,  and  entered  Yale  as  a  freshman  in  1827.  He  took 
a  high  position  in  his  class,  and  maintained  it  until  his  gradu- 
ation, in  1 83 1.  Not  only  did  he  rank  high  in  general 
scholarship,  but  paid  much  attention  to  reading  the  English 
classics  and  to  English  composition,  and  early  secured  a 
reputation  as  a  vigorous  and  elegant  essayist.  After  his 
graduation  he  taught  in  a  select  school  in  Philadelphia  one 
year,  and  in  1832  succeeded  his  elder  brother,  Hon.  William 
Strong,  now  one  of  the  justices  of  the  Supreme  Court  of 
the  United  States,  as  a  teacher  at  Burlington,  New  Jersey, 
in  a  classical  and  mathematical  school  of  a  high  order.  We 
served  with  this  brother  in  the  Thirty-first  Congress.  He 
was  chairman  of  the  Committee  on  Elections,  and  became 
distinguished  as  a  legislator,  and  few  men  have  since  ob- 
tained more  reputation  as  a  jurist. 

In  1834  Newton  was  appointed  a  tutor  in  Yale  College, 
and  continued  so  two  years,  when  he  resigned,  and  entered 
the  law-office  of  his  brother  at  Reading,  Pennsylvania,  where 
he  completed  his  studies  and  was  admitted  to  the  bar.  For 
a  few  months  he  remained  at  Easton,  Pennsylvania,  and  then 
came  West  and  located  at  Alton,  Illinois,  and  entered  into  a 
partnership  with  his  old  college  classmate,  Junius  Wall,  Esq. 
They  obtained  a  lucrative  business,  and.  Mr.  Strong  was 
elected  to  the  Legislature. 

In  September,  1844,  he  married  Miss  Matilda  R.  Edwards, 


560  BENCH  AND  BAR   OF  MISSOURI. 

eldest  daughter  of  Hon.  Edgar  Edwards,  of  Alton,  with 
whom  he  lived  happily  until  her  death  in  February,  185  i. 

In  1847,  at  the  earnest  solicitation  of  his  brother  William, 
he  removed  to  Reading,  Pennsylvania,  and  took  charge  of 
the  business  of  his  brother,  who  had  been  elected  to  Con- 
gress. 

In  185 1  he  came  West  again  and  settled  in  St.  Louis. 
His  reputation  acquired  in  Illinois  followed  him  to  St.  Louis, 
and  secured  for  him  a  commanding  position  at  that  bar.  In 
1853  he  formed  a  partnership  with  his  cousin,  George  P. 
Strong,  Esq.,  who  is  well  known  as  an  able  lawyer,  and  the 
firm  did  a  very  large  business.  The  loss  of  his  wife,  in  1 851, 
threw  a  cloud  of  sorrow  and  disappointment  over  his  re- 
maining years,  and,  having  no  children  to  stimulate  him  to 
further  professional  exertion,  he  devoted  the  remainder  of 
his  life  to  the  cviltivation  and  indulgence  of  his  taste  for 
general  literature.  He  was  a  great  reader  and  a  deep 
thinker,  and  whatever  subject  engaged  his  attention  was 
thoroughly  mastered.  He  was  a  thorough-read  lawyer,  and 
his  tastes  and  habits  fitted  him  particularly  for  the  discussion 
of  legal  questions  before  an  appellate  tribunal.  We  heard 
him  make  several  arguments  in  our  Supreme  Court  which 
elicited  much  praise  from  both  bench  and  bar.  He  had  an 
easy  and  pleasant  delivery,  and  spoke  with  that  confidence 
which  only  a  thorough  knowledge  of  his  subject  could  in- 
spire. Few  men  possessed  a  more  thorough  comprehension 
of  the  political  events  which  were  occurring  in  his  time,  and 
when  the  Rebellion  broke  out  he  took  an  open  and  decided 
stand  for  the  Union.  We  often  met  him  in  a  social  way,  and 
found  him  a  most  agreeable  and  entertaining  gentleman. 

After  the  close  of  the  war  his  health  began  to  give  way, 
and  in  August,  1866,  he  closed  his  earthly  career  in  the  fifty- 
seventh  year  of  his  age.  His  remains  were  taken  to  Read- 
ing, Pennsylvania,  where  they  repose  by  the  side  of  his  wife. 


ROBERT    WILSON. 

Our  personal  knowledge  of  General  Bob  Wilson,  as  he 
was  familiarly  called,  is  very  limited,  but  he  was  well  known 
as  one  of  the  pioneers  to  Missouri,  and  as  a  prominent  Whig 
politician  for  a  third  of  a  century. 

He  was  born  near  Staunton,  Augusta  County,  Virginia,  in 
November,  1800.  His  father  was  a  very  respectable  farmer 
of  English  descent,  and  his  mother  was  a  Yancey,  and  be- 
longed to  the  noted  family  of  that  name  in  the  Old  Dominion. 
Robert  received  a  fair  English  education,  and  it  was  the  inten- 
tion of  his  father  to  give  him  a  collegiate  course,  but,  becom- 
ing financially  embarrassed,  he  was  forced  to  take  his  son 
from  school. 

At  an  early  age  Robert  was  placed  in  the  circuit-clerk's 
office  at  Staunton,  where  he  remained  several  years,  writing 
and  copying.  He  there  learned  many  of  the  forms  of  legal 
proceedings,  which  in  after-life  proved  very  serviceable  to 
him.  In  the  spring  of  1820,  before  reaching  maturity,  he 
came  to  Missouri  and  located  at  old  Franklin,  in  Howard 
County,  then  the  most  promising  town  in  the  state.  Being 
without  means,  he  went  to  Chariton  County  and  opened  a 
school  near  the  old  town  of  Chariton,  where  he  taught  some 
time.  After  the  removal  of  the  county-seat  of  Howard  to 
Fayette  he  went  there,  and  obtained  a  job  in  the  clerk's 
office,  at  the  same  time  officiating  as  deputy  postmaster. 
In  1823  or  1824  he  was  appointed,  by  the  governor,  probate 
judge  of  Howard  County,  the  duties  of  which  he  discharged 
until  1827,  when  the  probate  business  was  transferred  by  law 
to  the  County  Court.  In  1825  he  married  Miss  Peggie 
Snoddy,  and  moved  on  a  small  farm,  near  the  present  site  of 
Roanoke.  Upon  the  organization  of  Jackson  County  he  was 
tendered,  by  Judge  David  Todd,  the  office  of  clerk  of  the 
Circuit  Court  of  that  county,  which  he  declined.  About  1828 
^.6 


562  BENCH  AND  BAR   OF  MISSOURI. 

he  was  appointed  clerk  of  the  Circuit  and  County  Courts  of 
Randolph  County,  and  held  that  position  until  1840.  He 
then  entered  upon  the  practice  of  the  law.  It  does  not  ap- 
pear that  he  pursued  a  regular  course  of  legal  study,  but  had 
received  instruction  from  his  brother,  General  John  Wilson, 
who  lived  at  Fayette,  but  afterwards  moved  to  California  and 
died  there. 

In  1837  or  1838  he  was  appointed  brigadier-general  of  the 
Missouri  militia,  and  had  command  of  a  brigade  in  what  was 
known  as  the  Mormon  War.  He  was  a  member  of  the  court- 
martial  convened  to  try  some  of  the  Mormon  leaders,  and 
gave  the  casting  vote  to  turn  them  over  to  the  civil  authori- 
ties. From  that  time  until  1852  he  enjoyed  a  large  practice 
at  the  bar  in  Randolph,  Chariton,  and  other  counties  in  that 
section  of  the  state,  and  ranked  among  the  best  lawyers  of 
central  and  western  Missouri.  He  was  a  fluent  and  pleasant 
speaker,  and  richly  endowed  with  good,  hard  common  sense, 
which  is  not  a  general  commodity  even  among  the  legal 
fraternity. 

He  represented  Randolph  Count}'  in  the  Legislature  at 
the  session  of  1844-5.  ^^  ^^'3-s  afterwards  elected  to  the 
State  Senate  from  the  district  composed  of  the  counties  of 
Andrew,  Holt,  and  Atchison.  The  district  was  decidedly 
Democratic,  but  General  Wilson's  personal  popularity  en- 
abled him  to  overcome  the  Democratic  majority.  He  served 
two  terms,  a  period  of  eight  years,  and  was  the  acknowl- 
edged leader  of  his  party  in  the  Senate.  He  became  one  of 
the  most  prominent  politicians  in  the  state,  and  for  a  long 
period,  in  conjunction  with  a  few  others,  led  and  controlled 
the  Whig  party.  He  was  a  great  admirer  of  Mr.  Clay,  and 
a  very  decided  hater  of  Colonel  Benton.  Being  a  fine  stump- 
speaker,  he  never  let  an  opportunity  pass  to  empty  the  vials 
of  his  wrath  upon  the  head  of  the  Missouri  senator. 

At  the  breaking-out  of  the  Rebellion  he  declared  himself 
openly  for  the  Union  under  all  circumstances,  and  was 
elected  a  delegate  to  the  Constitutional  Convention  in  1861. 
He  became  a  Conservative  Democrat,  and,  in  conjunction 
with    Hon.  Willard   P.   Hall,  Hon.  H.  M.  Vories,  and   a  few 


ROBERT  WILSON.  563 

other  patriotic  men,  kept  north-western  Missouri  from  em- 
bracing secession.  He  was  a  man  of  great  probity  of  char- 
acter and  undoubted  patriotism,  and  exercised  a  large  and 
salutary  influence  in  the  Constitutional  Convention.  He 
was  vice-president  of  that  body,  and,  if  we  mistake  not, 
ultimately  became  its  president. 

In  1862  he  and  John  B.  Henderson  were  appointed  United 
States  senators  in  place  of  Judge  Waldo  P.  Johnson  and 
Governor  Trusten  Polk,  whose  places  had  been  declared 
vacant  by  a  resolution  of  the  Federal  Senate. 

General  Wilson  died  at  Marshall,  Missouri,  on  May  10, 
1870,  in  the  seventieth  year  of  his  age.  He  was  a  good 
man,  and  much  beloved  by  all  who  knew  him. 


James  H.  Peck. 

Of  the  early  life  of  this  noted  Federal  judge  there  is 
really  nothing  known,  nor  is  there  any  one  living  at  the 
present  time  who  can  impart  any  information  as  to  the  time 
and  place  of  his  birth  or  the  character  of  his  early  educa- 
tion. It  is  known,  however,  that  he  came  from  the  East  to 
Missouri  about  the  time  of  the  organization  of  the  state  gov- 
ernment, and  that  he  was  a  man  of  varied  learning  and 
classical  attainments — in  fact,  he  had  the  reputation  of 
being  an  accomplished  scholar  and  a  thorough  lawyer. 

He  was  appointed  judge  of  the  Federal  court  at  St.  Louis, 
and  in  1826  became  involved  in  a  personal  difficulty  with 
Luke  E.  Lawless,  an  eminent  lawyer  at  the  St.  Louis  bar, 
which  resulted  in  his  being  tried  before  the  United  States 
Senate  upon  articles  of  impeachment.  Mr.  Lawless  was 
counsel  for  many  of  the  old  claimants  under  Spanish  con- 
cessions, and  had  several  cases  pending  in  Judge  Peck's 
court  which  were  decided  adversely  to  his  clients.  Appre- 
hensive that  the  decision  of  the  Federal  court,  though  an 
appeal  had  been  taken,  might  have  a  disastrous  effect  upon 
the  value  of  these  claims,  Judge  Lawless  undertook,  in  a 
communication  to  Tlie  Missouri  Advocate  and  St.  Loms  En- 
quirer, over  the  signature  of  "A  Citizen,"  to  show  that  the 
judge  had  erred  in  his  decision,  and  that  the  claims  would 
eventually  be  recognized  as  valid  by  the  United  States  Su- 
preme Court.  There  was  nothing  in  the  language  of  the 
communication  disrespectful  to  the  judge,  it  being  a  simple 
criticism  upon  his  opinion.  Judge  Peck,  however,  thought 
its  tendency  was  to  bring  the  decisions  of  the  court  into 
disrepute,  and  he  determined  to  punish  the  offender.  He 
made  a  rule  on  the  proprietor  of  the  paper  to  show  cause 
why  an  attachment  should  not  issue  against  him  for  contempt 
of  court  in  publishing  a  false  statement,  calculated  to  bring 


JAMES  H.  PECK.  565 

odium  on  the  court  and  impair  the  confidence  of  the  pubhc 
in  the  purity  of  its  decisions.  The  pubhsher  rephed,  deny- 
ing the  jurisdiction  of  the  court,  inasmuch  as  an  appeal  had 
been  taken  in  the  case.  He  also  affirmed  that  it  was  a  fair 
and  correct  statement  of  the  decision  of  the  court,  and  con- 
cluded by  giving  the  name  of  Luke  E.  Lawless  as  the  author. 

The  rule  was  then  made  on  Mr.  Lawless,  who,  in  reply, 
admitted  that  he  was  the  author,  but  contended  that  the 
object  of  the  publication  was  to  counteract  the  effect  that 
the  opinion  of  the  court  was  calculated  to  produce  on  the 
value  of  the  unconfirmed  Spanish  and  French  land  titles. 
He  also  denied  the  jurisdiction  of  the  court.  Judge  Peck 
sentenced  him  to  twenty-four  hours'  imprisonment  in  jail, 
and  suspended  him  from  the  practice  for  eighteen  months. 

On  December  8,  1826,  John  Scott,  the  sole  representative 
in  Congress  from  Missouri,  presented  to  the  House  of  Repre- 
sentatives a  memorial  from  Mr.  Lawless,  charging  Judge 
Peck  with  tyranny,  oppression,  and  usurpation  of  power,  and 
praying  that  the  House  would  prefer  articles  of  impeachment 
against  him.  No  action  was  taken  upon  it  at  that  or  the  next 
session,  but  finally  the  memorial  was  referred  to  a  committee, 
who  reported  charges,  and  Judge  Peck  was  summoned  before 
the  Federal  Senate  for  trial. 

It  soon  became  evident  that  it  was  destined  to  be  one  of 
the  most  important  trials  that  had  ever  come  before  the  Sen- 
ate, for  it  involved  the  questions  as  to  the  extent  that  a  court 
could  punish  for  supposed  contempt,  and  what  the  powers  of 
a  court  were  in  that  respect,  and  what  in  point  of  fact 
amounted  to  a  contempt.  The  utmost  interest  was  felt  in 
the  result,  for  it  was  contended  that  if  a  fair  criticism  upon 
the  judgment  of  a  court  could  be  made  the  foundation  for  a 
criminal  prosecution,  or  what  was  tantamount  to  that,  then 
the  liberty  of  the  press  was  a  mere  delusion.  So  important 
was  this  question  regarded  by  the  House  of  Representatives 
that  they  selected,  as  managers  to  conduct  the  prosecution, 
Mr.  Buchanan,  of  Pennsylvania;  Stoors,  of  New  York; 
McDuffie,  of  South  Carolina;  Spencer,  of  New  York;  and 
Wickliffe,   of  Kentucky.       Mr.    Meredith,  of  Pennsylvania, 


566  BENCH  AND  BAR   OF  MISSOURI. 

and  the  celebrated  William  Wirt,  of  Virginia,  were  retained 
for  the  defense.  What  gave  the  trial  a  still  greater  interest 
was  the  fact  that  among  the  members  of  the  High  Court  of 
Impeachment  who  sat  as  triers  of  the  fact  were  Webster, 
Clayton,  Livingston,  King,  Poindexter,  Grundy,  White,  For- 
syth, Chase,  Tazewell,  and  other  eminent  jurists.  Such  an 
array  of  talent,  both  on  the  part  of  counsel  and  court,  was 
never  known  before  in  this  country,  and  will  probably  never 
be  again. 

Half  of  the  St.  Louis  bar  were  summoned  to  Washington 
City  as  witnesses,  among  them  Colonel  Benton,  who,  by  rea- 
son of  being  a  witness,  did  not  take  his  seat  in  the  court. 
The  trial  occupied  six  weeks,  and  resulted  in  Judge  Peck's 
acquittal  by  the  following  vote  :  guilty,  21  ;   not  guilty,  22. 

The  reader  will  not  expect  us  to  give  the  particulars  of  this 
famous  trial,  but  he  will  find  them,  together  with  the  argu- 
ment of  counsel,  in  Stansbury's  report  of  it,  which  is  in  every 
public  library  in  the  country.  'In  preparing  the  pleadings 
Judge  Peck  and  Mr.  Lawless  exhibited  the  highest  traits  of 
legal  ability,  and  collected  all  the  law  that  existed  upon  the 
subject  both  in  England  and  this  country. 

The  trial  settled,  for  all  time  to  come,  all  questions  relat- 
ing to  the  powers  of  courts  to  punish  for  contempt. 

Judge  Peck  remained  on  the  bench  but  a  short  time  after 
this  trial. 


Albert  Jackson. 

The  recent  death  of  this  judge,  so  generally  noticed  by  the 
press,  recalls  to  memory  the  celebrated  impeachment  trial 
before  our  Legislature,  in  which  he  figured  as  defendant. 
Of  his  place  of  nativity,  boyhood,  and  early  life  we  have 
sought  information  in  vain.  He  was  a  married  man,  but 
his  wife  and  children  preceded  him  to  the  grave,  and  there 
is  no  relative  in  the  West,  or  elsewhere,  to  whom  we  can 
apply  for  the  incidents  of  his  life  prior  to  his  coming  to 
Missouri. 

It  is  said  that  he  was  an  Eastern  man,  and  received  part  of 
his  education  at  West  Point,  and  as  far  back  as  we  have  any 
recollection  of  him  he  bore  the  title  of  sfeneral.  He  came 
to  Missouri  about  the  year  1840,  and  commenced  the  prac- 
tice of  the  law  in  Jackson,  Cape  Girardeau  County,  where 
he  remained  through  life.  He  had  not  practiced  long  before 
he  was  elected  or  appointed  circuit  attorney  of  his  circuit. 
Soon  after  this  he  was  elected  judge  of  the  Fifteenth  Judi- 
cial Circuit,  embracing  the  counties  of  Stoddard,  Wayne, 
Reynolds,  Shannon,  Oregon,  Ripley,  and  others.  In  1865 
he  succeeded  Judge  Thomas  B.  English  on  the  bench  of  the 
Tenth  Judicial  Circuit,  Judge  English  having  been  removed 
by  the  Drake  Radical  Constitution,  which  swept  out  of 
office  the  entire  judiciary  of  the  state.  It  was  while  holding 
this  office  that  the  impeachment  trial  was  instigated. 

He  was  a  man  of  good  address,  a  fine  declaimer,  and 
by  no  means  deficient  in  his  knowledge  of  the  law  ;  but  he 
imbibed  strong  prejudices  and  dislikes,  and  towards  many  of 
the  members  of  the  bar  who  practiced  in  his  courts  he  was 
overbearing  and  tyrannical.  This  led  to  his  impeachment 
upon  various  charges,  such  as  tyranny,  oppression,  and 
favoritism,  and  the  entire  bar  of  his  circuit  was  summoned 
as  witnesses  to  Jefferson  City. 


568  BENCH  AND  BAR   OF  MISSOURI. 

Judge  Jackson  appeared  i)i  propria  persona,  and  the  old 
adage  that  "  he  who  tries  his  own  case  has  a  fool  for  a 
client  "  was  certainly  not  verified  in  his  case,  for  he  made  a 
successful  defense,  and  proved  a  full  match  for  those  ap- 
pointed managers  on  the  part  of  the  state.  His  answer  to 
the  charges  preferred  against  him  was  prepared  with  much 
skill  and  ingenuity,  and  elicited  no  little  praise  from  the  pro- 
fession generally.  He  remained  on  the  bench  but  a  short 
time  after  his  trial,  and  died  in  April  or  May  last  at  his  resi- 
dence in  Jackson.  He  was  too  vindictive  in  his  disposition 
to  have  many  attached  friends,  and  on  the  bench  made 
no  effort  to  conciliate  those  who  were  opposed  to  him. 


George  w.  Goode 

Was  a  well-known  lawyer  at  the  St.  Louis  bar.  He  was  born 
at  Whitly,  Henrico  County,  Virginia,  on  November  9,  181 5, 
and  was  of  English  descent.  His  father,  John  G.  Goode,  was 
for  many  years  clerk  of  the  court  of  that  county,  and  edu- 
cated his  son  with  the  view  of  making  the  law^  his  profession. 
He  first  went  to  Rappahannock  Academy,  and  when  he 
became  sufficiently  advanced  to  enter  upon  a  collegiate 
course  his  father  sent  him  to  the  University  of  Virginia,  at 
which  institution  he  graduated  with  honor.  After  complet- 
ing his  law  studies  he  obtained  a  license  to  practice,  and 
opened  an  office  at  Richmond,  and  for  a  time  was  asso- 
ciated with  the  Hon.  James  A.  Seddon,  who,  it  will  be  re- 
membered, was  secretary  of  war  under  Jeff  Davis  during 
the  Rebellion. 

While  practicing  in  Richmond  an  incident  occurred  which 
no  doubt  led  to  his  removal  to  Missouri.  One  of  his  intimate 
friends  was  involved  in  a  personal  difficulty  —  had  in  fact  re- 
ceived an  insult,  but  was  prevented  b\'  his  religious  scrupules 
from  inviting  his  adversary  to  the  field,  and  Mr.  Goode 
took  up  the  quarrel  and  sent  a  challenge,  which,  under  the 
laws  of  his  state,  incapacitated  him  from  holding  civil  office. 
He  then  came  to  Missouri  and  settled  in  St.  Louis,  making  a 
partnership  with  Tully  R.  Cormick,  an  old  classmate  in  col- 
lege ;  but  the  connection  was  soon  dissolved  by  the  ill  health 
of  his  partner.  We  are  under  the  impression  that  he  never 
again  practiced  in  partnership  with  any  one. 

He  never  entered  into  a  general  practice,  but  confined 
himself  to  a  few  cases,  in  one  of  which  he  obtained  consid- 
erable reputation  as  a  land  lawyer.  We  allude  to  the  case 
of  Bissell  vs.  Penrose,  reported  in  8th  Howard's  (U.  S.) 
Reports,  page  317.  It  involved  the  title  to  a  large  tract  of 
land  adjoining  St.  Louis,  of  immense  value.     It  was  taken  to 


570  BENCH  AND   BAR    OF  MISSOURI. 

the  Supreme  Court  of  the  United  States  by  writ  of  error 
from  the  United  States  Circuit  Court  for  the  District  of  Mis- 
souri. The  plaintiff  derived  his  title  from  a  confirmed  Span- 
ish concession,  under  act  of  Congress  of  June  30,  1836,  and 
the  defendant  under  a  New-Madrid  location,  under  act  of 
Congress  of  February  17,  18 1 5.  Both  titles  rested  upon 
acts  of  Congress,  and  depended  upon  the  interpretation 
which  was  to  be  given  them.  The  principal  question  was 
whether  at  the  time  of  the  location  of  the  New- Madrid  cer- 
tificate the  land  was  reserved  from  sale  by  act  of  Congress, 
and  if  so  then  the  location  was  void.  Messrs.  Benton,  Gam- 
ble, and  Geyer  appeared  in  behalf  of  the  plaintiff  in  error,  an  d 
Mr.  Goode,  and  Thomas  L.  Ewing,  of  Ohio,  in  behalf  of  the 
defendant  in  error.  The  court  below  had  sustained  the 
Spanish  concession,  and  the  judgment  of  the  Supreme  Court 
was  in  affirmance.  The  immense  value  of  the  land,  added  to 
the  eminence  of  the  counsel  engaged,  invested  the  cause 
with  unusual  importance.  Upon  the  decision  depended  the 
title  to  property  worth  ;^i,ooo,ooo.  The  opinion  of  the  bar 
generally  was  favorable  to  the  New-Madrid  location,  but 
the  decision  of  the  United  States  Supreme  Court  estab- 
lished the  contrary  doctrine.  Mr.  Goode  devoted  a  long 
time  to  the  consideration  of  the  case,  and,  although  associated 
with  a  very  eminent  lawyer,  received  the  greatest  praise  for 
his  legal  acumen.  It  is  said  that  his  fee  in  the  case  amounted 
to  $60,000,  which  to  some  extent  was  no  doubt  contingent. 

He  married  a  daughter  of  Judge  Wash,  a  lady  of  beauty, 
refinement,  and  intelligence,  and  on  several  occasions  we 
visited  them  at  their  country  residence  in  the  vicinity  of  St. 
Louis. 

Mr.  Goode  was  by  nature  a  gentleman.  He  could  not  be 
otherwise.  The  meanest  dog  that  walks  the  streets  could 
not  enter  his   house  without  meeting  a  hospitable  reception. 

About  this  time  his  nervous  system  became  impaired,  and 
he  suffered  greatly  from  neuralgia.  His  physicians  advised 
him  to  repair  to  the  country,  and  he  purchased  a  farm  on 
the  Meramec  River,  about  forty  miles  from  St.  Louis.  He 
lived   there  some    time,  and  with    his   pack   of  hounds   fre- 


GEORGE    IV.   GO  ODE.  571 

quently  indulged  in  the  chase,  an  amusement  exceedingly 
attractive  to  most  Virginians.  But  his  health  continued  to 
fail,  and  finally  resulted  in  the  softening  of  the  brain,  from 
which  he  died  on  January  14,  1863,  in  the  forty-ninth  year  of 
his  age. 

We  never  heard  Mr.  Goode  make  a  speech  or  argument, 
but  it  is  said  he  was  fluent  and  logical,  and  his  manner 
vehement  and  impressive.  He  made  no  attempt  at  oratory, 
but  aimed  to  convince  the  understanding.  He  was  a  man 
of  strong  prejudices,  and  most  uncompromising  in  his  ad- 
herence to  slavery.  He  was  unwilling  to  concede  to  others 
anything  growing  out  of  their  education  and  place  of  birth, 
but  looked  upon  every  man  who  did  not  concur  with  him  on 
that  subject  as  an  Abolitionist,  and  necessarily  inimical  to 
the  South.  By  this  course  he  lost  many  friends,  and  his 
irritability  was  no  doubt  greatly  enhanced  by  the  disease 
which  constantly  preyed  upon  him.  He  was  a  man  of  a 
high  sense  of  honor,  and  his  integrity  was  beyond  a 
question. 


Jonathan  m.  Bassett. 

We  regret  that  our  information  in  regard  to  Mr.  Bassett  is 
almost  confined  to  our  personal  knowledge.  We  met  him 
in  the  Legislature  in  1844  or  1846.  He  represented  in  part 
the  county  of  Buchanan,  and  was  a  practicing  lawyer 
residing  at  St.  Joseph.  He  was  born  in  Oxford  County, 
Connecticut,  February  17,  18 17,  and  had  the  advantage  of 
an  excellent  education.  His  first  location  after  coming 
West  was  at  Quincy,  Illinois,  where  he  practiced  some,  and 
took  charge  of  the  editorial  department  of  a  political  paper. 
From  Quinc}'  he  went  to  Plattsburg,  Clinton  County,  Mis- 
souri, and  as  soon  as  St.  Joseph  became  the  county-seat  of 
Buchanan  County  he  moved  to  that  place,  where  he  re- 
mained till  his  death.  He  first  formed  a  partnership  in  St. 
Joseph  with  John  Wilson,  son  of  Colonel  Robert  Wilson, 
upon  the  dissolution  of  which  he  entered  into  a  partnership 
with  J.  C.  C.  Thornton,  and  the  last  partnership  was  with 
Wash  Jones. 

Mr.  Bassett  was  a  fine-looking,  portly  man  and  a  hand- 
some, fluent  speaker.  He  was  esteemed  a  good  lawyer,  and 
always  enjoyed  a  good  practice,  which  extended  over  a  large 
section  of  country.  He  stood  well  in  the  Legislature, 
though  not  as  active  and  influential  as  many  others. 

Shortly  after  leaving  the  Legislature  he  married  Miss 
Nancy  Dixon,  a  belle  of  Jefierson  City,  and  daughter  of 
Henry  Dixon,  Esq.  She  was  an  interesting  lady,  and  a  par- 
ticular friend  of  the  author. 

It  is  possible  that  Mr.  Bassett  may  have  filled  other  offices, 
but  we  cannot  recall  any.  He  was  highly  esteemed  in  the 
north-west,  not  only  for  his  ability  as  a  lawyer,  but  for  many 
personal  attributes  which  he  possessed.  He  died  January 
4,  1 87 1,  leaving  a  widow  and  two  children  —  a  son  and 
daughter. 


Walter  L.  Lovelace. 

The  history  of  this  gentleman  furnishes  an  a[)t  illustration 
of  what  industry,  self-will,  and  determination  may  accomplish 
in  the  face  of  the  most  adverse  circumstances.  His  father 
was  a  Baptist  minister  in  Virginia,  and  died  in  that  state  in 
1833.  He  was  twice  married,  and  had  seven  children  by 
each  marriage.  Walter  was  by  the  second  marriage,  and  was 
born  in  Charlotte  County,  October  i,  1831.  His  parents 
were  in  very  limited  circumstances,  and  unable  to  give  their 
children  a  liberal  education.  Upon  the  death  of  the  father, 
the  mother  with  her  children  came  to  Missouri  and  settled 
in  Montgomery  County.  This  was  in  1833.  She  died  in 
1862.  During  Walter's  boyhood  he  worked  on  a  farm  dur- 
ing the  summer  and  went  to  a  country  school  in  the  winter. 
In  1850  he  taught  a  district  school  in  Montgomery  County 
at  a  compensation  of  $^0  per  month.  With  this,  and 
some  money  he  borrowed  from  friends,  he  was  enabled 
to  spend  several  terms  at  the  University  of  Columbia.  On 
his  return  to  Montgomery  County  he  again  taught  school. 
In  1853  he  married  Miss  Eliza  A.  Bush  and  opened  a  school 
at  Danville,  and,  while  teaching  there,  commenced  the  study 
of  the  law  under  Ben  Sharp,  a  prominent  lawyer  of  that  place. 
In  1854  he  was  admitted  to  the  bar,  but  for  several  years  had 
a  hard  time  to  make  a  living.  In  October,  1862,  he  lost  his 
wife,  and  in  June,  1864,  married  her  sister.  He  was  twice 
elected  to  the  State  Legislature  —  in  1862  and  1864.  In  the 
latter  year  he  was  chosen  speaker  of  the  House  of  Representa- 
tives, and  in  1 865  was  appointed  judge  of  the  Supreme  Court. 
He  died  in  Danville,  August  5,  1866,  leaving  a  widow  and 
several  children  surviving  him.  During  his  judicial  term  he 
suffered  greatly  with  weakness  of  the  lungs,  and  finally  died 
with  consumption.  His  death  was  no  doubt  greatly  acceler- 
ated by  the  labors  of  the  bench.     His  ambition  to  discharge 


574  BENCH  AND  BAR   OF  MISSOURI. 

his  judicial  duties,  and  to  satisfy  the  expectation  of  his  friends, 
caused  him  to  undergo  a  greater  amount  of  labor  than  his 
physical  condition  justified,  and  he  survived  but  a  short 
time. 

We  had  not  the  pleasure  of  Judge  Lovelace's  acquaint- 
ance, but  among  those  who  knew  him  intimately  he  was 
regarded  as  a  promising  jurist.  He  was  by  no  means  bril- 
liant, but  was  thoroughly  read  in  his  profession,  and,  if  life 
and  health  had  been  spared  him,  would  undoubtedly  have 
made  a  reputation  on  the  bench.  He  was  a  man  of  great 
personal  integrity  and  studious  and  moral  habits.  A  strong 
desire  to  discharge  every  duty  incumbent  upon  him  charac- 
terized his  entire  life,  and  the  people  of  Montgomery 
County  will  never  cease  to  venerate  his  memory. 

At  the  time  of  his  death  he  had  not  quite  reached  his 
thirty-fifth  year. 


Charles  wheeler. 

This  gentleman  was  connected  through  his  professional 
life  with  the  Lincoln  County  bar.  He  was  born  in  Hancock 
County,  New  Hampshire,  in  April,  1795,  and  after  finishing 
his  preparatory  course  in  the  common  schools  of  his  native 
county  entered  Dartmouth  College,  and  graduated  there  in 
1818.  In  1820  he  emigrated  to  the  West,  first  stopping  at 
New  Castle,  Kentucky,  where  he  took  charge  of  the  New 
Castle  College  for  a  full  term  of  nine  months.  Thence  he 
went  to  Bedford,  in  the  same  county,  and  taught  a  private 
school  until  1825,  in  the  meantime  employing  his  leisure 
hours  in  the  study  of  the  law,  under  the  instruction  of  the 
Hon.  David  White,  who  was  a  circuit  judge  in  Kentucky, 
and  afterwards  represented  his  district  in  Congress. 

Mr.  Wheeler  came  to  Missouri  in  the  latter  part  of  1825, 
and  entered  upon  the  practice  of  the  law  in  Lincoln  County. 
It  is  possible  that  he  may  have  been  admitted  to  the  bar  be- 
fore leaving  Kentucky,  but  we  cannot  speak  advisedly  in 
reference  to  that.  He  was  certainly  licensed  in  Missouri 
immediately  after  coming  here. 

He  remained  a  bachelor  until  1835,  when  he  married  Miss 
Parmelia  Redman,  a  daughter  of  Dr.  William  Redman,  of 
St.  Charles  County.  About  six  years  prior  to  his  marriage 
he  was  appointed  a  justice  of  the  peace  by  Governor  John 
Miller,  and  held  the  office  until  a  short  time  before  his  death, 
which  occurred  in  February,  1873,  in  his  eightieth  year.  At 
that  time  the  office  was  one  of  honor  and  responsibility,  for 
though  the  jurisdiction  was  very  limited,  it  took  in  fully  a 
third  of  all  the  litigation  of  the  county,  and  the  incumbents 
were  taken  from  the  best  class  of  citizens.  Mr.  Wheeler  had 
an  illustrious  example  in  the  case  of  Mr.  Jefferson,  who,  after 
retiring  from  the  presidency,  served  many  years  as  a  justice 
of  the  peace  in  Virginia.     The  people  of  Lincoln   County 


576  BENCH  AND   BAR    OF  MISSOURI. 

knew  the  value  of  Mr.  Wheeler's  services  too  well  to  dis- 
pense with  him,  and  he  was  too  patriotic  a  public  servant  to 
withhold  them.  For  a  short  period  he  also  filled  the  office 
of  justice  of  the  County  Court,  which  was  then  invested  with 
probate  business.  Having  ample  means,  there  was  no  incen- 
tive to  do  the  drudgery  of  a  lawyer,  and  as  he  was  not  a 
fluent  and  ready  speaker,  he  was  content  to  serve  the  people 
in  a  capacity  more  congenial  to  him. 

Mr.  Wheeler  had  three  children  —  two  daughters  and  a  son. 
He  was  a  man  of  much  will  and  tenacity  of  purpose,  which 
came  very  near  resulting  in  serious  trouble  at  the  time  of 
his  marriage.  Upon  the  occasion  of  the  marriage  ceremony, 
at  the  residence  of  the  bride's  parents,  a  noisy  crowd  assem- 
bled for  the  purpose  of  giving  them  a  charivari  —  a  French 
custom,  more  in  vogue  then  than  now.  He  refused  to  com- 
ph'  with  their  demands,  alleging  that  his  case  was  not  a 
legitimate  occasion  for  such  mirth,  as  neither  of  the  parties 
had  ever  been  married  before.  They  replied  that  he  was  an 
old  bachelor  and  his  bride  a  pretty  young  girl.  He  kept 
them  at  bay  with  a  shot-gun  for  two  nights,  and  finally  tri- 
umphed. He  was  a  man  of  much  wit  and  dry  humor,  and 
in  his  private  intercourse  genial  and  pleasant. 


Lewis  V.  bogy, 

Late  a  United  States  senator  from  Missouri,  and  the  only- 
native-born  Missourian  who  ever  sat  in  that  august  body, 
was  of  French  origin  —  born  in  the  town  of  St.  Genevieve,  on 
April  9,  1 813.  His  education  was  very  Hmited,  for  in  that 
day  there  were  but  few  schools,  and  none  in  which  a  pupil 
could  obtain  a  knowledge  of  the  classics.  The  want  of  a 
finished  education  Mr.  Bogy  felt  throughout  life.  In  the 
early  part  of  1832  he  commenced  the  study  of  the  law  with 
Nathaniel  Pope,  then  a  rising  lawyer  of  Kaskaskia,  and  soon 
after  enlisted  as  a  private  in  Captain  Jacob  Freeman's  com- 
pany, in  a  regiment  commanded  by  Colonel  Gabriel  Jones, 
of  Henry's  brigade,  in  the  Black  Hawk  War,  and  partici- 
pated in  the  battles  of  Wisconsin  Heights  and  Bad  Ax. 
Upon  the  close  of  the  war  Mr.  Bogy  was  sent  to  Lexington, 
Kentucky,  to  attend  the  law  school  of  Transylvania  Univer- 
sity, where  he  graduated  in  1835,  and  soon  after  was  licensed 
by  Judge  Wash.  He  then  opened  a  law-office  in  St.  Louis, 
with  Logan  Hunton  as  a  partner,  and  continued  there  in 
the  practice  till  1849,  in  the  meantime  serving  a  term  in  the 
State  Legislature.  In  the  year  last  mentioned  he  again  took 
up  his  residence  in  St.  Genevieve,  and  was  again  elected  to 
the  Legislature,  and  became  interested  by  purchase  in  the 
Pilot  Knob,  one  of  the  most  remarkable  deposits  of  iron  ore 
in  the  world.  This  investment,  from  the  want  of  labor  and 
transportation,  proved  unprofitable,  and  Mr.  Bogy  was 
forced  to  resume  his  practice,  which  he  continued  until  the 
breaking-out  of  the  Rebellion. 

In  1867  President  Johnson  tendered  him  the  appointment 
of  commissioner  of  Indian  affairs,  which  he  accepted,  and 
during  the  short  time  of  his  occupancy  made  himself  very 
familiar  with  our  Indian  affairs,  whicli  afterwards  proved 
of  great  value  to  him  as  a  United  States  senator. 

37 


5/8  BENCH  AND   BAR    OF  MFSSOURT. 

During   most  of  this  time  Colonel   Bogy   took   an    active 
part  in  the  political  troubles  of  the  country,  often  addressing 
the  people  from  the  stump,  and  in  fact  obtained  considerable 
reputation  as  a  stump-speaker.     It  is  stated  that  at  an  early 
period   of   his   life   he   formed   a  great   desire   to   become  a 
United  States  senator,  and  all  his  efforts  in   life  were  aimed 
in  that   direction.     It   seemed   to  him   a  position  as   high  as 
any  honorable  ambition  should   aspire  to.     During  the  war 
he  kept  very  quiet,  though  it  was  well  known  that  his  sym- 
pathies were  largely  with  the  South.     Before  the  meeting  of 
the  General  Assembly,  in   the  winter  of  1872-3,  he  publicly 
announced  himself  as  a  candidate  for  the  United  States  Sen- 
ate.     His  time  had  come  for  the  gratification  of  his  ambition, 
for,  on  the  assembling  of  the  Legislature,  he  was  elected  over 
General    J.    B.    Henderson    by    a    large    majority.     Colonel 
Bogy  at  that  time  was  supposed  to  be  quite  wealthy,  and  it 
was  currently  reported  that  he  had  expended  large  sums  of 
money  to   procure  his   election,  but  this  he  stoutly  denied, 
and  challenged  the  most  scrutinizing  investigation  ;  but  there 
was  no  evidence  of  the  fact  beyond  the  ordinary  custom  of 
giving  suppers  and   entertainments.      He,  however,  was   not 
satisfied  to  let   the  matter  rest   there,  and   demanded  a  full 
investigation   by  a   committee  of  the    House  ;   whereupon  a 
committee  of  five  was  appointed,  with  ample  power  to  make 
a   thorough    and  searching   examination,  and    the    majority 
report,    signed    by   all    but    one  —  four    out    of   five  —  fully 
exonerated  him,   and   the  House,  by  a  vote  of  sixty-one  to 
twenty-one,  adopted  a  resolution  declaring  that  their  confi- 
dence in  his  purity  and  honest}'  was  unimpaired. 

Colonel  Bogy  took  no  reputation  with  him  to  Washington, 
as  a  statesman,  but  when  he  began  to  participate  actively  in 
the  debates  he  disclosed  forensic  powers  which  soon  attracted 
the  attention  of  the  country  and  gave  him  a  national  repu- 
tation. His  early  speeches  on  Indian  affairs  showed  how 
thoroughly  he  had  examined  that  subject,  and  his  views  and 
opinions  were  eagerly  sought  by  the  Indian  Bureau.  He 
was  placed  on  several  of  the  most  important  committees,  and 
when  the  subject  of  the  late  presidential  election  came  before 


LFAVrS   V.  BOGY.  579 

the  Senate  he  boldly  led  off  in  the  attacks  upon  the  Return- 
ing Board  of  Louisiana,  and  proved  to  the  satisfaction  of  the 
country  that  Governor  Tilden  was  cheated  out  of  his  election 
by  the  most  gigantic  frauds  ever  perpetrated  in  any  civilized 
country.  In  that  memorable  debate  he  tackled  Morton  and 
other  Republican  senators  with  an  ability  that  surprised  the 
country  and  greatly  gratified  his  constituents.  His  exer- 
tions upon  that  occasion  impaired  his  health,  and  upon  the 
adjournment  of  Congress  he  repaired  to  Colorado  to  avail 
himself  of  that  healthful  climate  ;  but  the  disease  which  had 
fastened  itself  upon  him  was  beyond  the  reach  of  climate  or 
medicine,  and  he  returned  to  St.  Louis  to  die  among  his 
friends. 

That  Colonel  Bogy  exhibited  in  the  Senate  mental  powers 
far  beyond  what  he  was  credited  with  is  now  universally  con- 
ceded, and  the  people  of  the  state  are  just  beginning  to 
realize  the  loss  they  have  sustained  in  his  death.  Colonel 
Bogy  made  no  pretensions  to  eloquence,  but  he  was  a  bold, 
fluent,  and  ardent  speaker,  and  whatever  he  said  was  uttered 
with  an  earnestness  that  carried  conviction  to  the  minds  of 
his  hearers.  He  was  never  at  a  loss  for  language,  and  had  a 
clear  and  distinct  enunciation,  with  just  enough  of  the  French 
accent  to  produce  a  pleasant  and  agreeable  sound. 

At  the  time  of  his  death  he  was  gaining  rapidly  in  public 
estimation,  and  had  his  life  been  spared  a  few  }-ears  longer 
he  must  have  secured  a  position  in  the  Senate  which  few 
public  men  ever  attain. 

He  was  a  man  of  large  public  spirit,  which  often  led  him 
to  embark  in  enterprises  beyond  his  means,  keeping  him  in 
a  constant  state  of  pecuniary  embarrassment.  He  took  a 
deep  interest  in  developing  the  mineral  resources  of  the 
state,  and  invested  large  sums  of  money  in  the  Iron  Moun- 
tain and  Pilot  Knob. 

In  his  intercourse  with  others  he  was  social,  free,  and  lib- 
eral, and  ever  ready  to  respond  to  the  calls  of  charity.  He 
was  exceedingly  free  in  the  expression  of  his  opinions,  but 
uttered  them  in  a  way  so  as  to  avoid  giving  offense  to  those 
who  might  differ  with  him.       He  was  eminently  a  fair  man. 


580  BENCH  AND   BAR    OF  MISSOURI. 

and  never  indulged  in  vituperation  or  abuse  ;  nor  would  he 
let  prejudice  or  bias  lead  him  to  form  an  unfavorable  opinion 
respecting  a  political  opponent.  During  the  exciting  debate 
in  the  Senate  respecting  the  fraudulent  election-returns  from 
Louisiana  and  Florida,  many  charges  were  made  b}'  the 
Democratic  press  not  complimentary  to  the  personal  integ- 
rity of  the  late  Senator  Morton  ;  but  Colonel  Bogy  sought 
the  first  occasion  to  let  Mr.  Morton  know  that  they  had  not 
in  the  least  diminished  his  confidence  in  him  as  a  man  of 
honor. 

Senator  Morton  was  a  man  of  extreme  views  and  strong 
prejudices,  and  would  go  almost  any  length  to  advance  the 
interests  of  his  party;  but  that  furnished  no  reason  upon 
which  to  predicate  a  doubt  as  to  his  moral  stamina,  for  party 
ties  are  very  strong  and  exacting,  and  few  who  seek  politiccd 
promotion  have  the  nerve  to  resist  them. 

While  Colonel  Bogy  was  actively  engaged  in  his  profession 
he  was  retained  chiefly  in  land  suits,  for,  being  a  native  of  the 
state,  he  was  familiar  with  the  old  Spanish  and  French  titles, 
and  perfectly  understood  the  habits  and  peculiarities  of  the 
old  French  inhabitants,  and,  as  few  of  them  understood  the 
English  language.  Colonel  Bogy's  knowledge  of  French 
gave  him  a  decided  advantage  over  an  opponent  who  was 
ignorant  of  it. 

The  close  application  and  confinement  which  success  in  the 
profession  demand  were  not  suited  to  Colonel  Bogy's  taste  ; 
hence  we  often  find  him  engaged  in  other  pursuits,  and 
only  returning  to  the  practice  when  driven  to  it  by  necessity. 
He  died  in  St.  Louis,  in  1 877,  in  his  sixty-fifth  year.  In  the 
hall  of  the  Mercantile  Library  at  St.  Louis  there  is  a  full- 
length  portrait  of  him,  but  by  whom  painted  we  are  not  ad- 
vised. 


James  K.  Knight. 

The  people  of  St.  Louis  have  not  yet  recovered  from  the 
shock  produced  by  the  tragic  death  of  this  lawyer,  who, 
while  a  judge  of  the  St.  Louis  Circuit  Court,  took  his  own 
life.  Judge  Knight  was  born  in  the  village  of  Canandaigua, 
Ontario  County,  New  York.  He  was  of  Irish  lineage,  and 
his  ancestors  were  mostly  farmers,  and  the  judge  himself 
worked  on  his  father's  farm  for  many  years.  They  come 
from  a  very  long-lived  family,  for  the  judge's  father,  who 
still  survives  him,  is  upwards  of  ninety  years  of  age,  and  his 
father  died  at  one  hundred  and  fifteen. 

In  1 83 1  the  family  left  New  York  and  settled  in  west 
Michigan.  James  first  received  an  academic  education,  and 
then  entered  the  freshman  class  of  the  University  of  Michi- 
gan, where  he  remained  until  he  reached  the  junior  class, 
when  he  left  the  institution  and  entered  Union  College,  at 
Schenectady,  New  York,  where  he  graduated  with  much 
honor.  He  then  returned  to  Michigan,  and  after  spending  a 
year  working  on  the  farm,  he  commenced  the  study  of  the 
law,  was  elected  county  clerk,  and  in  1854  admitted  to  the 
practice.  Probably  from  laborious  study,  as  much  as  any 
other  cause,  his  health  began  to  fail,  and,  under  the  advice  of 
his  physician,  he  commenced  traveling,  and  visited  Florida, 
Texas,  and  most  of  the  southern  cities,  and  in  1855  located 
in  St.  Louis. 

Soon  after  entering  upon  his  profession  he  turned  his  at- 
tention to  admiralty  cases,  which  confined  him  almost  exclu- 
sively to  the  United  States  courts. 

In  1865  he  took  a  trip  to  Europe  and  visited  most  of  the 
prominent  cities  on  the  Continent,  and  was  able  to  store  his 
mind  with  that  information  which  travel  alone  can  give.  He 
was  absent  little  more  than  half  the  year. 

Judge  Knight  was  a  very  popular  man  with  the  people,  as 


582  BENCH  AND  BAR   OF  MISSOURI. 

a  service  of  eight  years  on  the  bench  of  tiie  Circuit  Court  by 
election  fully  attests.  In  his  intercourse  with  others  he  was 
genial,  affable,  and  entertaining.  In  fact,  he  was  an  open,  gen- 
erous-hearted, and  polished  gentleman,  w  ith  no  enemies  and 
a  host  of  attached  friends.  He  was  also  a  man  of  varied  ac- 
complishments, and  Major  W.  H.  H.  Russell,  who  delivered  a 
beautiful  eulogy  upon  the  occasion  of  presenting  to  one  of 
the  courts  the  resolutions  of  a  bar-meeting  called  to  pay  a 
tribute  of  respect  to  his  memory,  informs  us  that  he  was  a 
lover  of  music,  the  fine  arts,  history,  belles-lettres,  and  the 
drama.  He  certainly  had  many  qualities  that  made  him  a 
very  desirable  companion,  for  he  possessed  a  fine  fund  of 
humor,  and  told,  as  well  as  enjoyed,  a  good  anecdote.  While 
we  did  not  regard  him  as  learned  a  jurist  as  some  who  have 
graced  oiu'  circuit  bench,  still  he  had  many  fine  qualities  as 
a  judge,  which  greatly  endeared  him  to  the  bar.  He  had  no 
prejudices  to  encounter  and  no  partialities  to  combat,  and 
treated  every  lawyer,  party,  and  witness  in  his  court  with  the 
utmost  courtesy.  If  he  showed  any  leaning  in  favor  of  any 
particular  class  of  the  bar,  it  was  to  the  younger  members, 
who,  in  the  commencement  of  their  career,  often  meet  with 
many  difficulties  and  embarrassments.  To  them  he  was  espe- 
cially kind  and  indulgent.  Another  excellent  trait  which  he 
carried  upon  the  bench  was  a  patient  hearing  of  argument. 
His  freedom  from  bigoted  opinion,  or  self-conceit,  and  his 
anxiety  to  avoid  error,  caused  him  to  indulge  counsel  in  argu- 
ment to  a  greater  extent  than  seemed  to  us  necessary.  He 
seemed  to  be  thoroughly  impressed  with  the  idea  that  a  nisi- 
priiis  judge,  called  upon  suddenly,  without  time  for  reflec- 
tion, and  in  the  hurry  and  excitement  of  a  trial,  was  liable  to 
commit  error;  and  hence,  when  counsel  pressed  for  a  new 
trial  upon  the  ground  of  error  in  the  instructions  of  the 
court,  or  in  the  admission  or  refusal  of  evidence,  he  listened 
patiently  to  their  argument  and  consulted  freely  the  author- 
ities cited. 

Judge  Knight  was  a  bachelor,  and  lived  at  a  beautiful 
country-seat  eight  or  ten  miles  below  St.  Louis,  on  the  Mis- 
sissippi River.      He  spent  several   years   in  adorning  it,  and 


JAMES  K.  KNIGHT.  583 

was  proud  of  its  beauty  and  attractions.  There  was  nothing 
to  indicate  that  he  was  not  leading  a  very  happy  and  con- 
tented hfe,  when  about  two  years  ago  the  intelUgence  reached 
the  city  that  Judge  Knight  was  dead — had  committed  sui- 
cide by  shooting  himself  through  the  body.  We  saw  him 
on  the  bench  the  dav  before,  and  he  seemed  to  be  in  his 
usual  good  spirits.  There  is  a  mystery  surrounding  Judge 
Knight's  death  which  no  one  can  solve.  He  was  in  the  habit 
of  sleeping  with  a  pistol  under  his  pillow,  for  he  had  no 
police  protection,  and  his  place  was  accessible  to  tramps  and 
roving  vagabonds,  who  might  at  any  moment  enter  his  premi- 
ses to  rob  and  plunder.  He  had  been  afflicted  for  years 
with  erysipelas  in  one  of  his  legs,  which  gave  him  much  pain 
and  anxiety,  but  beyond  that  there  was  no  apparent  cause 
for  mental  despondency.  Towards  his  last  moments  he  stated 
that  it  was  an  accident,  and  charity  leads  us  to  assign  that  as 
the  true  solution  of  his  untimely  end. 


William  M.  Cooke, 

At  one  time  a  prominent  lawyer  in  Hannibal,  Missouri,  at  a 
later  period  judge  of  the  Court  of  Common  Pleas  of  that  city, 
at  a  still  subsequent  period  a  practitioner  at  the  St.  Louis 
bar,  and  finally  a  member  of  the  Confederate  Congress,  was 
born  in  Portsmouth, Virginia,  on  December  1 1 .  1 823.  His  edu- 
cation was  obtained  at  the  University  of  Virginia,  where  he 
graduated  with  honor  in  1843.  Being  a  fine  classical  scholar, 
with  a  well-balanced  mind  and  studious  habits,  he  com- 
menced the  study  of  the  law  under  the  most  auspicious  cir- 
cumstances, and  in  due  time  became  well  grounded  in  the 
principles  of  the  common  law.  After  completing  his  legal 
studies  he  came  to  St.  Louis  and  commenced  the  practice, 
and  in  1846  married  the  accomplished  daughter  of  Henry 
Von  Phul,  one  of  the  oldest  and  most  influential  merchants 
of  St.  Louis. 

In  1849  ^^''-  Cooke  left  St.  Louis  and  settled  in  Hannibal, 
and  there  obtained  considerable  reputation  in  his  profession. 
About  this  time  the  business  of  Hannibal  rendered  an  addi- 
tional court  necessary,  and  the  Legislature  created  the  Court 
of  Common  Pleas.  Mr.  Cooke  was  appointed  its  judge,  and 
discharged  the  duties  of  the  office  to  the  entire  satisfac- 
tion of  the  bar  and  the  people.  In  order  that  Mrs.  Cooke 
might  be  near  her  father,  who  was  getting  far  advanced  in 
years,  the  judge  returned  to  St.  Louis,  and  in  1854  resumed 
his  practice,  and  continued  to  practice  at  the  St.  Louis  bar 
until  the  commencement  of  the  Rebellion.  Judge  Cooke  was 
strongly  pro-slavery  in  his  views,  and  in  connecting  himself 
with  the  Rebellion  was  no  doubt  actuated  by  a  sense  of  duty, 
for  no  man  influenced  by  any  other  motive  would  leave  a  wife 
and  interesting  family  of  children,  to  embark  in  a  cause  which, 
to  say  the  least,  was  extremely  doubtful  in  its  result. 

Judge  Cooke  was  in  several  engagements,  and,  under  fire, 


WILLIAM  M.   COOKE.  585 

cool,  calm,  and  collected,  not  only  evincing  great  bravery 
himself,  but  inspiring  those  around  him  with  the  same  senti- 
ment. He  became  a  member  of  the  Confederate  Congress, 
but  it  does  not  appear  that  he  took  a  very  active  or  promi- 
nent part  in  its  proceedings.  He  was  never  again  permitted 
to  join  his  family,  for  he  died  in  Richmond  before  the  close 
of  the  war. 

That  Judge  Cooke  was  a  well-read  lawyer,  and  possessed  a 
logical,  analyzing  mind,  cannot  be  questioned  by  any  one  who 
knew  him.  It  is  true  that  he  never  entered  the  field  of  elo- 
quence to  gather  its  flowers,  but,  what  is  of  far  more  value,  he 
addressed  himself  to  the  understanding  of  his  hearers,  and 
sought  to  influence  them  by  reason  rather  than  flowery  dec- 
lamation. His  style  was  purely  conversational.  Judge 
Cooke  frequently  wrote  for  the  press,  and  many  of  his  articles 
evinced  a  classical  taste  and  a  high  order  of  mental  training. 
His  sad  fate  is  only  one  of  the  many  results  of  a  war  most  un- 
natural and  most  uncalled  for. 


Robert  M.  Stewart. 

This  gentleman,  who  filled  the  office  of  governor  of  Mis- 
souri, was  born  in  Truxton,  Cortland  County,  New  York, 
March  12,  18 15,  and  received  an  academic  education.  *  At 
the  age  of  seventeen  he  commenced  teaching  school,  and 
continued  to  teach  until  he  became  of  age.  Before  reach- 
ing his  majority  he  moved  to  Kentucky,  taught  some  there, 
and  studied  law  at  the  same  time. 

In  1837  he  was  admitted  to  the  Kentucky  bar,  and  com- 
menced the  practice  at  Louisville. 

In  1839  ^^^  came  to  Missouri  and  settled  at  Bloomington, 
in  Buchanan  County,  and  shortly  afterwards  took  up  his 
residence  in  St.  Joseph  and  formed  a  partnership  with  the 
late  Judge  Solomon  Leonard,  and,  at  a  later  period,  with 
Laurence  Archer. 

In  1845  ^^^  was  elected  as  a  delegate  to  the  Constitutional 
Convention,  and  there  obtained  considerable  reputation  as  a 
debater.  It  will  be  seen,  by  reference  to  the  published  pro- 
ceedings of  the  Convention,  that  he  took  a  very  active  part 
in  its  deliberations,  and  endeavored  to  inaugurate  a  general 
system  of  internal  improvements.  It  will  be  recollected 
that  a  constitution  was  framed,  and  submitted  for  approval 
to  the  people,  who,  by  a  large  majority,  rejected  it.  It  was 
submitted  as  a  whole,  and  defeated  by  a  combination  of  all 
who  objected  to  any  particular  part  of  it. 

In  1846  he  was  elected  to  the  State  Senate,  which  posi- 
tion he  held  until  1857,  when  he  was  elected  governor  of 
the  state,  to  fill  the  vacancy  created  by  the  resignation  of 
Governor  Trusten  Polk. 

It  should  be  stated  that  in  1847  ^^^  raised  and  organized  a 
military  company  for  the  "  Oregon  Battalion,"  in  the  Mexican 
War,  was  elected  its  captain,  and  went  as  far  as  Fort  Kear- 


ROBERT  M.  STEWART.  587 

ney,  but  by  reason  of  ill  health  was  compelled  to  resign  and 
return  home. 

In  1848  he  was  appointed  register  of  the  Land  Office  at 
Savannah,  Andrew  County,  but  soon  resigned  to  take  charge 
of  the  survey  of  the  Hannibal  &  St.  Joseph  Railroad,  and  be- 
came the  legal  adviser  of  the  company.  He  also  projected 
the  St.  Joseph  &  Denver  Road  and  also  the  St.  Louis  &  St. 
Joseph  Railroad.  Governor  Stewart  spent  a  winter  in  Wash- 
ington City,  laboring  for  the  interests  of  the  Hannibal  &  St. 
Joseph  Railroad,  and  by  the  most  indefatigable  labor  and 
perseverance  succeeded  in  obtaining  from  Congress  a  valu- 
able grant  of  public  lands,  which  largely  aided  in  the  con- 
struction of  the  road. 

In  politics  Governor  Stewart  was  a  Democrat,  and  in  his 
efforts  in  behalf  of  internal  improvements  had  to  encounter 
a  strong  opposition  from  his  own  party,  particularly  that  por- 
tion which  opposed  the  creation  of  a  state  debt. 

Without  being  an  orator,  he  was  a  strong  and  vigorous 
speaker,  and  his  powers  of  irony,  invective,  and  ridicule  were 
so  great  that  few  felt  any  inclination  to  encounter  him.  He 
had  many  trite  and  odd  sayings  which  he  frequently  used, 
particularly  when  under  the  influence  of  artificial  excitement, 
for  the  governor  was  not  a  strict  follower  of  Father  Matthew. 
When  he  wished  to  express  his  contempt  for  the  mental  ca- 
pacity of  another  he  would  often  say,  "  He  dont  know  Jiozv 
to  keep  a  hotel." 

In  1 86 1  he  was  elected  to  the  Constitutional  Convention, 
and  during  one  of  the  debates  a  member  who  was  making 
a  speech  quoted  as  authority  the  name  of  some  distinguished 
writer,  when  the  governor,  who  was  in  a  happy  condition,  rose 
and  very  gravely  asked  the  speaker  if  the  writer  whose  name 
he  had  invoked  as  authority  knew  hozv  to  keep  a  hotel.  There 
was  nothing  particularly  suggestive  in  the  inquiry,  but  the 
cool  manner  and  inimitable  gravity  with  which  the  governor 
propounded  the  question  broiigJit  the  house  dozvn,  to  the  great 
disgust  of  the  speaker. 

The  governor  seemed  to  be  impressed  with  the  idea  that 
when  a  man  had  attained  that  knowledge  which  would  en- 


588  BENCH  AND   RAR    OF  MISSOURI. 

able  liim  to  master  the  intricacies  of  hotel-keeping,  he  had 
reached  the  highest  point  of  mental  excellence. 

We  have  alluded  to  Governor  Stewart's  warm  advocacy  of 
a  liberal  system  of  internal  improvements.  While  governor 
of  the  state  he  let  no  opportunity  pass  to  impress  upon  the 
members  of  the  General  Assembly,  and  through  them  the 
people,  the  necessity  of  immediate  action  and  liberal  legis- 
lation. 

States,  like  individuals,  are  apt  to  go  from  one  extreme  to 
another,  and  thus  it  was  with  Missouri.  When  we  were  in 
the  Legislature,  in  1842-4-6,  it  was  impossible  to  procure  the 
smallest  appropriation  for  any  public  work.  The  debt  con- 
tracted b)^  the  state  of  Illinois  for  canals  and  other  improve- 
ments was  held  up  as  a  warning  to  other  Western  states; 
and  he  who  had  the  courage  to  vote  for  a  few  dollars  to  aid 
in  the  navigation  of  the  Osage  River  was  regarded  as  a 
doomed  man.  But  a  i^xN  years  elapsed,  however,  before  we 
launched  forth  in  the  most  reckless  system,  and,  to  maintain 
it,  bonds  of  the  state  were  issued  bearing  ten  percent  inter- 
est; and  now  the  people  are  taxed  beyond  endurance  to  meet 
the  interest  on  those  bonds.  But  the.  evil  did  not  stop  there 
—  counties,  townships,  and  municipal  corporations  followed 
suit,  until  the  public  debt  has  become  so  large  as  to  threaten 
repudiation  and  bankruptcy. 

When  we  left  the  county  of  Franklin  the  debt  of  the  county 
did  not  exceed  ;$5,ooo;  now  it  is  over  $500,000,  and  the 
people  have  nothing  to  show  for  it  but  an  old,  dilapidated 
court-house,  a  jail  that  any  old  woman  could  break  out 
of  in  an  hour,  and  a  few  miles  of  worthless  macadamized 
road.  Two  railroads,  it  is  true,  pass  through  the  county,  but 
the  county  did  not  contribute  a  dollar  to  the  construction  of 
either.  The  history  of  Franklin  is  but  the  history  of  half 
the  counties  in  the  state. 

Governor  Stewart  was  a  man  of  much  originality  of 
thought,  and  with  his  thorough  knowledge  of  men  and  fine 
discriminating  powers,  aided  by  a  classical  education,  he 
could  not  otherwise  than  become  a  man  of  note.  As  a 
speaker  he  was  fluent  and  logical,  and   if  at  times  his  Ian- 


ROBERT  M.  STEWART.  589 

guage  was  not  so  refined  as  to  meet  the  requirements  of  a 
fastidious  taste,  it  was  nevertheless  expressive  and  unequivo- 
cal. During  the  unfortunate  and  disastrous  civil  war  he 
remained  a  steadfast  friend  of  the  Union,  supporting  Mr. 
Lincoln  in  all  measures  designed  to  maintain  the  laws  and  the 
unity  of  the  government. 

He  was  elected  a  member  of  the  Constitutional  Convention 
of  1 86 1,  took  a  very  active  part  in  the  debates,  and  the  pub- 
lished proceedings  of  that  body  contain  a  few  of  his 
speeches  and  reports  which  evince  much  ability. 

Governor  Stewart,  though  born  in  a  non-slaveholding 
state,  was  in  no  sense  an  Abolitionist.  He  had  no  prejudices 
on  the  subject,  but  regarded  it  from  a  utilitarian  point  of  view. 
At  the  very  outset  of  the  war  he  predicted  the  overthrow  of 
slavery  as  a  necessary  and  inevitable  consequence  of  the  war. 
Had  he  been  an  inspired  prophet  he  could  not  have  predicted 
with  greater  certainty  the  result  that  followed. 

He  was  not  only  a  fluent  speaker,  but  a  ready  and  vigor- 
ous writer.  His  report,  in  the  Convention,  from  the  Military 
Committee  is  a  fine  exposition  of  the  relative  positions  of 
the  Federal  and  state  governments,  and  exhibits  much  scho- 
lastic accuracy  and  a  thorough  mental  training ;  and  yet  it  is 
said  he  wrote  rapidly  and  with  great  facility,  and  with  but 
little  preparation.  He  died  several  years  ago.  He  was  never 
married. 


Monroe  Parsons 

Was  a  member  of  the  Cole  County  bar,  and  born  on  May 
21,  1822,  in  Charlottesville,  Albemarle  County,  Virginia,  and 
moved  with  his  father  to  Missouri  in  the  spring  of  1835. 
The  family  first  settled  in  Cooper  County,  but  soon  after 
moved  to  Jefferson  City.  He  was  educated  partly  in  Vir- 
ginia and  partly  in  Missouri,  and  completed  his  studies  in 
the  college  at  St.  Charles.  He  studied  law  in  the  office  of 
J.  W.  Morrow,  judge  of  the  Cole  Circuit,  and  was  admitted  to 
the  bar  in  the  spring  of  1846.  Soon  afterwards  the  Mexican 
War  broke  out,  and  young  Parsons  raised  a  company  and 
joined  the  regiment  of  General  Doniphan,  and  proceeded  to 
Santa  Fc,  in  New  Mexico,  under  General  Kearney. 

The  history  of  that  expedition,  with  its  battles  and  forced 
marches,  is  too  well  known  to  admit  of  repetition  here,  but 
it  is  sufficient  to  say  that  Captain  Parsons'  company  rendered 
very  efficient  service,  and  he  proved  himself  a  gallant  sol- 
dier. When  the  time  for  which  they  enlisted  expired,  and 
they  reached  New  Orleans  on  their  way  home,  they  were  so 
ragged  that  it  was  with  the  utmost  difficulty  they  could  hide 
their  nakedness.  They  were  paid  off  at  New  Orleans,  which 
enabled  them  to  throw  away  their  rags  and  appear  in  a  new 
garb  ;  and  it  is  said  that  after  the  change  took  place  they  did 
not  know  each  other  until  each  gave  his  name. 

On  reaching  home  Captain  Parsons  resumed  his  practice, 
and  in  1856  was  elected  to  represent  Cole  Count}'  in  the 
lower  branch  of  the  General  Assembl}'.  In  1858  he  was 
elected  to  represent  his  district  in  the  State  Senate. 

Captain  Parsons  was  one  of  the  finest-looking  men  we  ever 
saw.  He  was  over  six  feet  high,  straight  as  an  Indian,  had 
a  large  frame  and  dark  and  piercing  eyes.  His  head  was 
large,  his  forehead  wide  and  expansive,  and  his  manner  dig- 
nified  and   graceful.      Few  men,    indeed,   presented   a   finer 


MONROE  PARSONS.  591 

appearance.  He  was  gradually  rising  in  the  profession 
when  the  RebeUion  broke  out.  He  joined  the  Confederate 
army,  and  was  appointed  by  Governor  C.  F.  Jackson  briga- 
dier-general of  the  Missouri  volunteers,  participated  in  most 
of  the  battles  of  Missouri  and  Arkansas,  and,  after  the 
engagement  at  Helena,  was  promoted  to  the  position  of 
major-general. 

Upon  the  termination  of  the  war  he  started,  with  others, 
for  Mexico,  with  the  intention,  as  supposed,  of  settling  a 
colony  in  some  part  of  the  Mexican  territory.  He,  with  two 
or  three  others,  got  separated  from  the  main  body,  and  were 
massacred  by  Mexican  banditti. 

The  facts  connected  with  the  massacre  of  General  Parsons 
and  his  companions  are  about  these:  After  the  Confederate 
surrender  at  Shreveport,  Louisiana,  in  May,  1865,  Parsons 
was  permitted  to  keep  his  transportation,  and  with  his  per- 
sonal effects  to  cross  the  Rio  Grande  into  Mexico.  He 
entered  the  Mexican  territory  in  July,  crossing  the  border 
at  Eagle  Pass,  and  in  company  with  the  Hon.  Aaron  H. 
Conrow,  a  member  of  the  Confederate  Congress,  Colonel  A. 
M.  Standwitch,  his  brother-in-law  and  adjutant-general,  and 
his  faithful  servant  known  as  "  Dutch  Bill,"  who  had  been 
his  orderly  from  the  commencement  of  the  war,  proceeded 
in  the  direction  of  Monterey.  After  reaching  Monterey 
they  fell  in  company  with  General  John  B.  Clark,  ex-mem- 
ber of  the  Confederate  Senate,  and  General  Sidney  Jack- 
man  and  others  of  the  Confederate  army,  and  the  entire 
party  started  for  Camargo,  intending  to  leave  Mexico  and 
return  to  the  United  States.  On  August  14,  1865,  while 
between  Carnargo  and  Monterey,  they  stopped  at  a  water- 
tank  near  a  small  town  called  China,  just  beyond  the  San 
Juan  River,  and  on  the  neutral  ground  between  the  French 
and  Liberal  forces.  Here  the  party  divided  up,  and  encamped 
within  reach  of  the  tank  —  Clark  and  Jackman  in  one  place 
and  Parsons  and  his  party  in  another..  It  was  their  inten- 
tion to  have  encamped  together,  but  one  of  Parsons'  party, 
Colonel  Williams,  of  Tennessee,  was  delayed  by  a  lame  horse, 
and    Parsons    waited   for   him,  and  went    into    camp    before 


592  BENCH  AND  BAR    OF  MISSOURI. 

reaching  Clark.  Shortly  after  midnight  Parsons  and  his 
party  were  attacked  by  Mexicans,  and,  after  a  severe  fight, 
overpowered  and  butchered,  and  their  bodies  thrown  into 
the  chaparral  or  San  Juan  River.  Their  money  and  prop- 
erty were  divided  among  their  captors,  and  while  the  divi- 
sion was  going  on,  Colonel  Don  Platon  Sanchos,  adjutant- 
general  of  the  Liberal  forces,  rode  up  and  claimed  his  share 
of  the  booty.  Among  other  things  he  obtained  General 
Parsons'  watch,  and  afterwards  boasted  of  having  taken  it 
from  a  Confederate  general. 

Under  the  treaty  of  July  4,  1868,  the  Mexican  govern- 
ment was  compelled  to  pay  $50,000  in  gold  for  this  outrage, 
and  $100,000  additional  to  the  families  of  those  of  his  com- 
panions who  were  killed.  Mrs.  Standwitch,  the  widow  of 
Colonel  Standwitch,  a  most  estimable  lady  and  a  sister  of 
General  Parsons,  is  now  a  resident  of  St.  Louis,  and  has 
charge  of  the  Blind  Asylum. 


Henry  Shurlds. 

Our  relations  with  Judge  Shurlds  were  of  a  most  pleasant 
and  agreeable  character.  We  met  him  on  frequent  occa- 
sions in  the  social  circle,  and  occasionally  transacted  busi- 
ness with  him  while  he  held  the  responsible  position  of 
cashier  of  the  old  State  Bank  of  Missouri.  His  free  and 
cordial  manner  secured  him  a  host  of  personal  friends,  and 
his  unflinching  integrity  gave  him  a  passport  to  public  con- 
fidence. Judge  Shurlds  was  a  native  of  the  Old  Dominion, 
and  born  in  Gloucester  County,  November  21,  1796.  He 
received  a  classical  education  at  one  of  the  colleges  of  his 
native  state,  and  read  law  under  that  great  and  eloquent 
jurist,  William  Wirt,  with  whom  he  practiced  for  a  brief 
period  at  Richmond. 

Few  young  men  started  out  in  life  under  more  auspicious 
circumstances  than  Henry  Shurlds,  for,  in  addition  to  a 
naturally  strong  intellect,  he  had  all  the  advantages  that 
could  accrue  from  a  thorough  education  and  the  best  legal 
preceptor  in  the  old  commonwealth.  The  learned  profes- 
sions at  that  time,  particularly  in  Virginia,  were  somewhat 
crowded,  and  young  Shurlds  determined  to  try  his  fortune 
in  the  West.  In  1 819  he  came  to  St.  Louis,  and  after  re- 
maining there  about  a  year  took  up  his  residence  in  Potosi, 
Washington  County,  which  was  the  center  of  a  large  mining 
district  and  the  home  of  many  of  the  most  prominent  men 
of  the  West,  including  Moses  Austin,  who  held  a  large  grant 
of  land  from  the  Spanish  government,  and  was  looked  upon 
by  the  early  settlers  as  a  grandee.  In  addition  to  other  at- 
tractions Potosi  had  a  very  refined  society,  which  continued 
in  after  years  within  the  personal  knowledge  of  the  author. 
Mr.  Shurlds  was  not  long  at  the  bar,  for  upon  the  organiza- 
tion of  the  state  government  he  was  appointed  judge  of  his 
circuit,  then  comprising  the  counties  of  Washington,  Jeffer- 

38 


594  BENCH  AND   BAR    OF  MISSOURI. 

son,  St.  Genevieve,  and  others.  In  1822  he  married  Miss 
Jane  Jameison  Bush,  an  accompHshed  lady  of  Potosi,  by 
whom  he  had  several  children. 

The  judiciary  at  that  time  were  very  poorly  paid,  and 
Judge  Shurlds  resigned  to  take  the  position  of  secretary  of 
state,  which  was  far  more  congenial  to  his  tastes. 

At  a  session  of  the  General  Assembly  commenced  No- 
vember 19,  1832,  Judge  Shurlds  was  elected  secretary  of  the 
Senate,  and  in  February,  1833,  was  appointed  by  the  gov- 
ernor, with  the  advice  and  consent  of  the  Senate,  auditor  of 
public  accounts,  the  duties  of  which  he  faithfully  discharged 
until  March,  1837,  when  he  resigned  to  take  the  cashiership 
of  the  State  Bank,  which  had  just  been  organized  by  an  act 
of  the  Legislature.  There  was  a  constitutional  limitation 
against  creating  more  than  one  bank,  though  this  bank  was 
empowered  to  establish  branches  not  exceeding  five  in  num- 
ber. Judge  Shurlds  held  this  office  for  about  fifteen  years 
—  in  fact,  until  within  a  few  months  of  his  death  —  when  ill 
health  forced  him  to  resign. 

The  bank  was  chartered  at  a  time  when  the  country  was 
suffering  from  a  great  financial  crisis  and  a  total  want  of 
public  confidence,  and  when  it  required  the  utmost  financial 
skill  to  conduct  any  moneyed  institution  with  success.  Judge 
Shurlds,  however,  proved  equal  to  the  occasion,  and  with 
the  aid  of  a  prudent  and  cautious  directory  the  bank  sailed 
clear  of  the  rocks  and  quicksands  which  had  proved  so  fatal 
to  most  of  the  banks  of  the  country.  As  a  financier  Judge 
Shurlds  had  but  few  equals,  and  the  confidence  reposed  in 
him  by  the  business  men  of  the  country  gave  the  bank  a 
strength  which  otherwise  it  could  not  have  enjoyed.  The 
directors  were  selected  from  men  who  had  carved  out  their 
own  fortunes  and  been  successful  in  life,  and  whose  good 
sense  confined  the  operations  of  the  institution  within  the 
limits  of  its  legitimate  business.  Such  a  polic}'  could  not 
otherwise  than  secure  financial  success,  and  the  notes  of  the 
bank  kept  at  par,  and  found  their  way  into  old  stockings 
and  hidden  recesses,  as  furnishing  the  best  depositories  for 
unemployed  capital. 


HENR  V  SHUR  L DS.  595 

Judge  Shurlds  was  a  man  of  most  pleasing  address  and 
winning  manners,  but  it  was  within  the  sacred  precincts  of 
home  he  appeared  most  brilliant.  Exceedingly  domestic 
and  simple  in  his  habits,  he  was  always  happy  in  the  midst 
of  his  family,  who  bestowed   upon  him   the  utmost  affection. 

He  died  at  his  residence,  just  beyond  the  limits  of  St. 
Louis,  August  2,  1852,  at  the  age  of  fifty-six.  He  left  a 
widow,  one  son,  and  five  daughters  to  mourn  his  loss.  Of 
his  daughters,  one  married  George  W.  Dent,  Esq.,  now  a 
resident  of  San  Francisco ;  a  second  became  the  wife  of  B. 
H.  Batte,  Esq.,  of  St.  Louis;  a  third  one  married  W.  D.  W. 
Barnard,  Esq.,  a  well-known  merchant  of  St.  Louis  —  in  fact, 
all  of  them  married  men  of  good  standing  and  position.  His 
son,  Edward,  died  in  1865. 

Judge  Shurlds  was  too  domestic  in  his  habits  to  desire 
public  position,  otherwise  he  might  have  secured  almost  any 
office  within  the  gift  of  the  people,  for  his  personal  popu- 
larity was  unbounded  and  his  acquaintance  coextensive 
with  the  state.  He  was  not  a  brilliant  lawyer,  but  well 
grounded  in  the  principles  of  his  profession  and  a  safe  and 
prudent  counselor. 


APPENDIX 


We  here  append  some  very  interesting  letters,  which  have 
never  before  been  pubhshed  (with  the  exception  of  the 
cipher  letter  from  Burr  to  Wilkinson).  They  are  not  only 
interesting  because  of  their  antiquity  and  the  prominence  of 
the  writers,  but  for  the  reason  that  they  refer  to  several  of 
the  most  eventful  periods  in  American  history;  and,  in  order 
to  give  the  reader  an  idea  of  the  style  in  which  these  letters 
were  written,  we  insert  them  verbatim,  following  the  capitali- 
zation and  punctuation. 

The  first  is  a  joint  letter  from  Generals  Washington  and 
Putnam  to  a  church  in  Woodstock,  Connecticut,  of  which 
the  Rev.  Abiel  Leonard,  grandfather  of  the  late  Abiel 
Leonard,  of  Missouri,  was  pastor,  and  the  object  of  the  letter 
was  to  obtain  the  consent  of  the  church  to  their  pastor  join- 
ing the  army  and  fighting  for  his  country.  Having  pre- 
viously refused  their  consent,  the  patriotic  and  belligerent 
pastor  quietly  visited  the  camp  of  Washington,  at  Cam- 
bridge, and  there  found  the  Father  of  his  Country  and  "  Old 
Put,"  as  they  called  him,  poring  over  some  ancient  maps 
and  charts,  and,  making  known  to  them  the  object  of  his 
visit,  procured  the  letter  written  March  24,  1776  —  over  a 
century  ago.     It  is  as  follows  : 

"  To  the  Church  and  Congregation  at  Woodstock. 

"Mr.  Leonard  is  a  man  whose  exemplary  life  and  conversation,  must  make 
him  highly  esteemed  by  every  person,  who  has  the  pleasure  of  being  acquainted 
with  him.  The  Congregation  of  Woodstock  know  him  well,  it  therefore  can  be 
no  surprise  to  us  to  hear  that  they  will  be  loth  to  part  with  him.  His  usefullness 
in  this  army  is  great  —  he  is  employed  in  the  glorious  work  of  attending  to  the 
morals,  of  a  brave  people  who  are  fighting  for  their  Liberties,  the  Liberties  of 
the  people  of  Woodstock,  the  Liberties  of  all  America,  We  therefore  hope, 
that  knowing  how  nobly  he  is  employed — the  Congregation  of  Woodstock,  will 
cheerfully,  give  up  to  the  public,  a  gentleman  so  very  useful,  and  when  by  the 


598  APPENDIX. 

blessing  of  a  kind  piDvidence  this  glorious  and  unparaleled  struggle  for  our  Lib- 
erties, is  at  an  end,  we  have  not  the  least  doubt,  but  Mr.  Leonard  will  with 
redoubled  joy,  be  received  in  the  open  arms  of  a  Congregation  so  very  dear  to 
him,  as  the  good  people  of  Woodstock  are.  This  is  what  is  hoped  for,  this  is 
what  is  expected  by  the  Congregation  of  Woodstock's  sincere  well  wishers  and 

"Very  Humble  Servants 

"  G.  Washington. 

"  Israel  Putnam. 
*'  Headquarters 

"  Catiihridge  24th  March    1776." 


LETTER   I'ROM   GIDEON  GRANGER,   POSTMASTER-GENERAL   UNDER  MR.   JEFFERSON, 
TO  JUDGE  RUFUS  EASTON,   OF  ST.  LOUIS. 

"  Washington  City  March  ibth  i8oj. 
"My  Dear  Friend:  I  have  just  received  yours  of  the  17th  of  January, 
together  with  Sundry  communications  in  relation  to  the  Territory  of  Louisiana, 
which  I  have  forwarded  to  the  President  of  the  United  States  at  his  seat.  Con- 
gress has  created  your  Territory  into  a  New  Government  of  the  first  grade.  It 
goes  into  operation  on  the  4th  day  of  July  next.  The  President  has  appointed 
James  Wilkinson  Commander  in  Chief  of  the  United  States,  Governor  of  the 
Territory.  He  is  one  of  the  most  agreeable,  best  informed,  most  genteel, 
moderate  and  sensible  republicans  in  the  nation.  Doctor  Browne  of  New 
York  is  appointed  Secretary  upon  the  special  and  single  recommendation  of 
Aaron  Burr  —  J.  B.  Lucas  of  Penna.  C\\\ei  ]u?,\S.ce—-  My  friend  Rufus  Easton 
one  of  the  Assistant  Judges,  the  other  Judge  I  know  not.  I  hope  and  trust 
that  your  will  find  yourself  most  agreeably  situated  and  next  after  a  conscien- 
tious discharge  of  the  duties  of  your  office,  and  those  you  owe  to  the  President 
and  government  of  the  nation,  allow  me  to  advise  you  by  all  means  to  cultivate 
the  affection  esteem,  and  the  confidence  of  your  worthy  Governor  by  whom  I 
shall  write  to  you  again,  and  to  whom  I  shall  give  a  letter  of  introduction.  We 
have  had  an  extraordinary  winter  here,  the  elements  of  nature  have  been  in  a 
state  of  distraction,  and  the  passions  of  men  have  kept  pace  with  them.  The 
Jackobins  have   denounced   your  friend  —  he  meets   the   shock    undaunted,  and 

still  thrives  and  jirospers. 

"Yours,  affectionately, 

"Gid'n  Granger. 
•  •  Kufus  Easton  Esq 

'■'■St.  Louis  Louisiana.^' 


LETTER    from    GIDEON    GRANGER   TO    RUFUS    EASTON. 

"General  Post  office,  April  4,  iSo^. 
"Sir:   Yours  of  the  25th  is  received;  You  cannot  be  allowed  any  thing  for 
letters  sent,  or  office  rent  —  for  a  desk  \'ou  will  be  allowed  to  charge  this  office 
ten  dollars. 


APPENDIX.  599 

"Nothing  new  has  occurred  since  my  last,  excepting  that  every  mail  increases 

the  majority  for  Langdon. 

"Yours  affectionately 

"  Gid'n  Gran(;f,r. 
"■Hon  Ruftis  East  on 

St.  Louis  Territory  of  Louisiafia.'^ 

This  letter  shows  the  rigid  economy  then  observed  in  the 
departments  at  Washington,  and  strangely  contrasts  with  the 
extravagance  of  our  public  functionaries  at  the  present  day. 


LETTER    FROM     RUFUS    EASTON    TO    GIDEON    GRANGER,   RELATING    TO    THE   BURR 

CONSPIRACY. 

^'■February  17,  180  j. 

"  Sir  :  Was  it  not  that  I  am  convinced  the  President  has  been  led  into  errors 
by  the  misrepresentations  of  those  who  are  inimical  to  him,  as  well  as  the  gov- 
ernment of  the  United  States  I  should  not  have  addressed  him  anticipating 
certain  events,  but  conscious  equally  at  this  moment  as  heretofore  that  my  state- 
ments have  been  correct,  and  from  information  received  from  different  quarters 
of  the  Union,  that  the  President  can  no  longer  doubt  them,  I  beg  leave  to 
call  his  attention  to  several  extracts  from  the  communications  made  by  me  at 
an  early  period,  to  those  of  other  gentlemen  and  to  the  particular  circum- 
stances of  the  times.  If  the  President  will  look  at  my  communication  of  the 
17th  January  1805,  he  will  find  the  following,  to  wit, 

"  '  It  is  believed  by  the  best  informed  that  the  number  of  inhabitants  at  this 
day  will  exceed  12,000  souls,  about  two  fifths  of  whom  are  from  french  extrac- 
tion, the  others  emigrants  from  the  United  States.  The  Creoles  are  in  general 
peaceable,  civil,  &  hospitable,  possessing  honest  dispositions.  They  are 
good  citizens  but  know  nothing  of  the  police  of  any  government.  They  have 
no  fixed  political  principles  &  are  liable  to  sudden  changes  of  opinion  as 
they  may  be  influenced  by  the  more  artful  and  designing.  That  they  are  in 
general  enemies  to  the  change  of  Government  requires  no  argument  to  prove. 
When  it  was  rumoured  thro  the  country  that  a  re-cession  to  Spain  was  about 
to  take  place  joy  gladdened  in  their  breasts.  This  must  not  be  taken  however 
for  a  general  sentiment,  it  is  only  that  of  the  few  who  have  feasted  and  fattened 
upon  the  labors  of  the  more  ignorant  and  industrious.  Many  have  sufficient 
discernment  to  discover  that  the  cession  of  the  country  advanced  their  prop- 
erty at  least  two  hundred  per  cent  —  they  thank  tlie  stars,  and  are  willing  to  give 
the  praise  to  whom  it  is  due.' 

"  In  support  of  these  observations  I  refer  the  President  to  a  letter  of  Allan 
B.  Magruder  Esq  printed  in  a  Kentucky  paper  which  is  enclosed.  It  is  no 
longer  to  be  doubted  that  a  traitorous  project  to  divide  the  Union  has  for  some 
time  existed  amongst  some  influential  characters  of  the  Union,  &  which  is 
now  attempted  to  be  carried  into  effect.  I  was  convinced  of  this  project  more 
than  a  year    past ;  and    altho   I   had    not  the  proof  to  substantiate  to    others 


600  APPENDIX. 

my  belief,  I  did  not  hesitate  to  write  llie  President  as  follows  on  the  20th 
Oct.  1805:  'That  General  WiJlcinson  liad  put  himself  at  the  head  of  a 
party  of  a  few  individuals  who  are  hostile  to  the  best  interests  of  America; 
who  do  not  possess  the  confidence  of  the  great  body  of  the  people  of  this 
country,  &  who  from  being  the  leaders  of  the  Fromentine  faction  have 
always  been  my  enemies.' 

"  He  might  have  supposed  me  too  warm  &  probably  too  severe  upon  Gen- 
eral Wilkinson.  If  so  the  circumstances  of  my  belief  will  plead  my  excuse 
which  was  communicated  to  a  gentleman  high  in  the  government,  high  in  the 
confidence  &  affections  of  the  President,  &  one  who  is  warmly  his  friend, 
&  that  of  the  Government  of  the  United  States.  It  may  be  worthy  of  remark 
that  during  the  session  of  Congress  in  1803  I  became  acquainted  with  Col  Burr, 
then  Vice  President,  at  the  city  of  Washington  —  during  that  session  I  had 
written  my  friends  who  were  of  the  Clinton  party  in  New  York,  as  will  appear 
by  their  numerous  testimonials  in  my  favor,  now  with  the  President  —  the 
propriety  of  supporting  Brockholst  Livingston,  or  some  other  character  then 
of  the  Republican  party  in  preference  to  Mr.  Lewis,  being  convinced  that  he 
was  not  calculated  to  govern  the  state,  &  they  would  find  the  necessity  to 
desert  him  if  elected.  They  persisted  in  the  support  of  Mr.  Lewis,  &  at  the 
election  in  1804  I  threw  my  feeble  support  into  the  scale  of  Mr.  Burr.  The 
sequel  terminated  as  was  predicted.  Mr.  Clinton  &  most  of  his  friends  have 
ever  since  been  at  war  with  Mr.  Lewis.  And  whilst  propositions  of  a  reunion 
between  the  Burr  and  Clinton  interests  were  going  on  in  New  York  during  the 
last  winter  Mr.  Easton  was  denounced  at  the  City  of  Washington  as  a  Burrite 
by  characters  who  suppose  that  because  a  person  ought  to  be  independent,  he 
has  no  right  to  act  independent.  Soon  after  my  appointment  as  judge,  Colonel 
Burr  (though  I  believe  he  had  no  agency  in  procuring  it)  on  the  i8th  March 
wrote  me  expressing  the  utmost  pleasure  at  this  event  as  well  on  my  own  ac- 
count as  on  that  of  several  of  his  friends  who  were  about  to  remove  hither. 
He  mentioned  the  Governor,  General  Wilkinson  as  having  been  long  his  inti- 
mate friend  and  Doctor  Browne  the  secretary  was  his  near  relation.  That  I 
should  be  highly  gratified  by  the  acquaintance  of  these  two  gentlemen,  and  that 
he  should  take  care  to  inspire  them  with  a  wish  for  my  friendship  and  esteem. 

"  Whilst  Colonel  Burr  was  at  Massac  on  the  7th  of  June  last  in  company 
with  General  Wilkinson  he  wrote  me  again  in  substance  as  follows  : 

"  'That  before  leaving  Washington  he  transmitted  me  a  few  lines  the  prin- 
cipal object  of  which  was  to  promote  a  friendship  and  mutual  confidence  be- 
tween me  and  Governor  Wilkinson.  That  he  had  this  object  so  much  at  heart, 
&  deemed  it  so  important  to  me  that  he  took  the  liberty  again  to  repeat  and 
urge  it.  The  Governor,  he  said,  was  a  man  of  high  sense  of  honor,  of  deli- 
cate feelings  ;  and  warm  sentiments  —  a  frank  ingenuous  deportment  on  my  part 
could  not  fail  to  attach  him.  That  the  Governor  was  disposed  to  be  useful  to 
me  and  would  have  it  greatly  in  his  power.  That  he  had  prepared  the  way  for 
me  by  exciting  prepossessions  in  my  favor  which  I  must  foster.  That  the 
Governor  was  intimately  informed  of  the  vieivs  of  the  Executive,  &  that  I  need 
not  be  told  that  my  standing  with  the  Administration  would  depend  on  the  zeal 
and  ability  with  which  I   should  promote  those  views.      That  he  hoped  to  see 


APPENDIX.  601 

me  at  Saint  Louis  in  August  or  September  when  it  would  afford  him  the  highest 
gratification  to  find  me  not  only  in  harmony  but  in  confidence  &  friendship 
with  the  Governor,  and  at  all  times,  and  at  all  places  assured  me  of  the  great 
respect  &  regard  with  which  he  was  my  friend '  &c  &c. 

"Colonel  Burr  arrived  at  Saint  Louis  about  the  17th  of  September  whilst  I 
was  at  Kaskaskia,  &  was  accompanied  by  General  Wilkinson  and  Mr. 
Delaunay  of  this  place,  since  made  Adjutant  General  of  the  Territory  to  the 
District  of  St.  Charles.  I  returned  to  Saint  Louis  during  their  absence  :  upon 
their  return  Col  Burr  made  me  a  visit.  My  answer  to  a  question  which  he 
asked  I  have  reason  to  believe  broke  off  all  further  communication  between  us. 
He  was  afterwards  closeted  with  Governor  Wilkinson  one  or  two  nights  till 
very  late. 

"  Lnmediately  after  the  departure  of  Colonel  Burr,  General  Wilkinson  broke 
out  upon  me  in  the  form  &  manner  with  which  you  already  have  been 
informed. 

"  The  part  I  have  always  taken  illy  fitted  me  for  their  vieivs  —  which  views 
they  constantly  proclaimed  as  the  views  of  the  Executive  of  the  United  States, 
which  declarations  were  not  generally  disbelieved  in  the  western  country  until 
the  President's  proclamation  of  the  27th  of  November  last. 
"  I  have  the  honor  to  be.  Sir, 

"With  high  consideration  &  respect, 

"  Your  obe't  humble  serv't, 

"  R.  Easton. 

"  Feby  ijth  1807 ." 


LETTER    FROM    GIDEON    GRANGER   TO    RUFUS    EASTON. 

"  Washington  City,  Ap?-il  gth  i8oj. 
"  Rufus  Easton  Esqr. 

"  Sir  :  A  conversation  happened  yesterday  respecting  you,  between  the  Sec- 
retary at  War  and  myself.  In  the  course  of  it  I  was  told,  that  Government  had 
certain  information  by  Major  Bruff  of  your  possessing  full  knowledge  of  the 
plans  and  designs  of  Col  Burr  and  his  associates,  from  the  avowal  of  Burr, 
which  you  offered  to  communicate  to  Bruff,  if  he  would  pledge  himself  to 
secrecy,  which  he  declined.  This  was  the  first  idea  I  ever  had  of  your  possess- 
ing any  other  foundation  for  the  suspicions  you  have  suggested  than  what  arose 
from  the  character  of  the  persons,  and  general  appearances  which  were  alike 
in  the  power  of  all  persons  of  equal  observation  and  reflection. 

"  I  confess  I  was  really  astonished,  because  altho  I  presume  you  received  the 
information  under  injunctions  of  secrecy,  altho  I  well  know  the  great  impro- 
priety of  communicating  almost  any  thing  given  in  confidence,  and  the  extreme 
delicacy  under  any  circumstances  —  yet  I  do  think  that  when  the  proposed  act 
is  of  a  treasonable  nature,  tending  to  destroy  the  Government  of  the  country, 
or  to  involve  it  in  foreign  or  domestic  war  —  whereby  the  nation  will  be  made 
miserable,  and  the  lives  of  thousands  lost,  or  even  where  murder,  robbery, 
arson,  or  the  like,  is  contemplated;  it  is  the  duty  of  the  person  to  whom  the 
information  is  given,  to  communicate  in  the  one  case  to  the  Government  to  pre- 


602  APPENDIX. 

vent  tlie  evil ;  in  ihe  other  to  the  citizen,  to  save  him  from  ruin,  the  knowledge 
he  possesses.  Do  not  sountl  morals  recjuire  this?  Does  not  the  law  of  the 
country  demand  it  ?  What  is  the  doctrine  respecting  accessaries?  Have  you 
a  right  to  lock  in  your  breast  a  secret,  which  kept,  destroys,  divulged  saves  the 
nation  ?  Have  you  a  right  to  allow  the  murderer  or  Robber  to  go  forth  prowl- 
ing for  his  innocent  prey,  and  dealing  out  death  and  destruction?  And  is  this 
right  founded  on  the  single  circumstance  that  he  has  thought  projjcr  to  divulge 
in  confidence  his  concerted  schemes  of  iniquity  ?  Would  you  allow  a  man  to 
take  my  life  by  poison  because  he  had  told  you  in  confidence  that  he  designed 
it  ?     No  —  you  would  not,  and  would  you  go  further  to  save  me  than  the  uation  ? 

''  Hut  there  is  another  consideration  which  removes  the  squeamishness  of  what 
is  (improperly)  called  lumor.  When  a  friend  offers  to  confide  a  secret  to  a  man 
of  honor  who  is  his  friend  —  the  man  of  honor  has  a  right  (if  he  is  not  bound) 
to  believe  that  the  secret  is  of  such  a  nature  that  he  may  keep  it  consistent  with 
the  duty  he  owes  to  the  country.  He  fnay  therefore  pledge  himself  with  ]iro- 
priety. 

"  The  pledge  cannot  be  considered  as  an  assent  to  do  wrong,  or  omit  a  moral 
duty  of  the  first  importance  to  society.  If  the  communicant  states  any  thing, 
which  consistent  with  duty,  must  be  disclosed,  it  is  at  his  peril  —  the  act  is 
his  —  it  cannot  be  considered  as  included  in  the  promise  of  secrecy.  Indeed 
when  correctly  considered  it  is  an  offence  to  the  person  and  an  attack  on  the 
character  of  the  Depositary. 

"You  know  I  do  not  mean  to  extend  this  doctrine  to  a  case  where  a  man 
basely  worms  himself  into  the  confidence  of  another — gains  his  secrets,  & 
then  betrays  him.      The  facts  I  have  stated  have  made  an  impression  here. 

"  I  believe  you  acted  with  upright  intentions  —  but  I  must  think  you  have  mis- 
judged as  to  your  duty. 

"  I  shall  be  happy  in  receiving  such  reply  to  this  letter  as  you  think  ])roper  on 
rejlection  :  and  whatever  that  answer  may  be,  it  will  be  communicated  to  Gov- 
ernment. 

"  Rest  assured  of  my  friendshij). 

"  Gid'n  Granger." 

To  this  Colonel  Easton  immediately  replied,  denying  em- 
phatically the  statement  of  Bruff,  and  reiterating  that  he  had 
communicated  to  the  government  all  the  information  he  pos- 
sessed in  regard  to  the  conspiracy.  The  government  became 
fully  satisfied  of  this,  for  in  due  time  Colonel  Easton  received 
from  Mr.  Granger  the  following  letter  : 

"  Washington  City  October  28th,  iSoj. 
"  Ruftis  Easton  Esq  — 

"Dear  Sir:   Upon  my  return  to  this  place  I  was  favored  with  yours  of  July 

14th,  Aug  iith,  and  Sept  loth,  also    with    enclosures  &c  &c.      I    enclose    you 

two  newspapers  and  the   President's  message  —  by   the  last  you  will   perceive 

the  state  of  public  affairs,  and  by  the  former  the  fate  of  the  public  prosecu- 


APPENDIX.  603 

lions,  as  well  as  some  attack  on  yourself  personally,  by  the  witnesses  before  the 
court.  I  have  read  with  attention  your  lengthy  deposition  :  and  I  am  happy 
to  find  that  there  never  was  any  thing  in  your  p07ver  to  communicate  against 
the  accused.  I  was  always  satisfied  both  from  my  belief  in  the  correctness  of 
your  principles,  and  from  the  tenor  of  yotir  correspondence,  that  so  far  from 
being  leagued  in  the  conspiracy,  you  held  it  and  its  authors  in  ab/iorrence. 

"It  certainly  appears  that  I  erred  as  to  the  information  you  possessed,  recent 
events  induce  me  to  fear,  that  this  has  not  been  my  only,  or  most  important 
error  ;  strange  things  are  afloat  in  the  world  — -  the  times  are  searching —  I  fear 
that  there  will  be  further  consequences  resulting  from  the  grand  conspiracy. 

"  May  every  blessing  attend  you  and  your  family. 

"  Vours  most  sincerely  and  affectionately, 

"G.  Granger." 


LETTER  FROM  GIDEON  GRANGER  TO  RUFUS  EASTON,  IN  WHICH  HE  DENOUNCES 
THE  POLICY  OF  TAKING  THE  PRESIDENTS  FROM  ONE  STATE,  AND  IN  NOM- 
INATING BY  CONGRESSIONAL  CAUCUS.  ADDRESSED  TO  EASTON  WHILE  A 
DELEGATE   IN    CONGRESS. 

''Feb.  J  I,  18  lb. 
"  Dear  East  on 

"  I  am  pleased  with  yours  of  the  2d.  I  pray  to  Heaven  for  the  preservation 
of  our  Liberties  which  must  be  lost  if  one  State  keeps  within  itself  the  execu- 
tive power.  I  think  Clinton  has  great  qualities,  &  has  suffered  unjustly  —  I 
presume  there  will  not  be  a  eaiteiis  at  Washington.  The  practice  is  abominable 
—  Please  keep  me  informed —  It  shall  not  injure  you  —  What  means  the  storm 
in  my  old  office?  Who  raised  it?  Who  will  it  destroy?  What  a  weight  Madi- 
son took  from  my  shoulders  !     May  that  act  atone  for  a  thousand  of  his  follies. 

"  Your  old  friend 

"  G.  Gr.\nger. 
"  Rufus  East  on  Esq. 

"■IVas/iington  City." 


LETTER  IN  CIPHER  FROM   AARON   BURR  TO  GENERAL  WILKINSON,  AS   INTERPRETED 

BY  WILKINSON  AND  BORNE   BY  SWARTWOUT.     (REFERRED  TO   IN  OUR  SKETCH  OF 

EASTON.) 

''Jtlly  2g.  1S06. 

"Yours  postmarked  13th  May  is  received.  I  (Aaron  Burr)  have  obtained 
funds,  and  have  actually  commenced  the  enterprise.  Detachments  from  diff- 
erent points  and  under  different  pretences  will  rendezvous  on  the  Ohio,  1st 
Novemlier  —  everything  internal  and     external    favors    views — protection    of 

England  is  secured.      T is  gone  to  Jamaica  to  arrange  with  the  Admiral  on 

that  station,   and   will  meet  at  the   Mississippi England Navy   of  the 

United  States  are  ready  to  join,  and  final  orders  are  given  to  my  friends  and 
followers- — it  will  be  a  host  of  choice  spirits  —  Wilkinson  will  be  second  to 
Burr  only  —  Wilkinson   shall  dictate  the  rank   and   promotion   of  his  officers. 


604  APPENDIX. 

Biur  will   proceed  westward   1st   August,  never  to   return  :     With    him   go   his 
daughter — tlie  husband  will  follow  in  October  with  a  corps  of  worthies. 

"Send  forthwith  an  intelligent  and  confidential  friend  with  whom  Burr  may 
confer.  He  shall  return  immediately  with  further  interesting  details  —  this  is 
essential  to  concert  and  harmony  of  movement.  Send  a  list  of  all  persons  to 
Wilkinson  west  of  the  Mountains,  who  could  be  useful,  with  a  note  delineating 
their  characters.  By  your  messenger  send  me  four  or  five  of  the  commissions 
of  your  officers,  which  you  can  borrow  under  any  pretence  you  please.  They 
shall  be  returned  faithfully.  Already  are  orders  to  the  contractor  given  to 
forward  six  months  provisions  to  points  Wilkinson  may  name  —  this  shall  not 
be  used  until  the  last  moment,  and  then  under  proper  injunctions:  the  project 
is  brought  to  the  point  so  long  desired  :  Burr  guarantees  the  result  with  his  life 
and  honor  —  the  lives,  the  honor,  and  fortunes  of  humireds,  the  best  blood  of 
our  country.  Burr's  plan  of  operations  is  to  move  down  rapidly  from  the  falls 
on  the  15th  of  November,  with  the  first  five  hundred  or  one  thousand  men,  in 
light  boats  now  constructing  for  that  purpose  —  to  be  at  Natchez  between  the 
5th  and  15th  of  December  —  then  to  meet  Wilkinson  —  then  to  determine 
whether  it  will  be  expedient  in  the  first  instance  to  seize  on  or  pass  by  Baton 
Rouge.  On  receipt  of  this  send  Burr  an  answer  —  draw  on  Burr  for  all  ex- 
penses &c.  The  people  of  the  country  to  which  we  are  going  are  prepared  to 
receive  us — their  agents  now  with  Burr  say  that  if  he  will  protect  their  re- 
ligion, and  will  not  subject  them  to  a  foreign  power,  that  in  three  weeks  all 
will  be  settled.  The  Gods  invite  to  glory  and  fortune  —  it  remains  to  be  seen 
whether  we  deserve  the  boon.  The  bearer  of  this  goes  express  to  you  —  he 
will  hand  a  formal  letter  of  introduction  to  you  from  Burr,  a  copy  of  which  is 
hereunto  subjoined.  He  is  a  man  of  inviolable  honor  and  perfect  discretion  — 
formed  to  execute  rather  than  project  —  capable  of  relating  facts  with  fidelity, 
and  incapable  of  relating  them  otherwise.  He  is  thoroughly  informed  of  the 
plans  and  intentions  of  Burr,  and  will  disclose  to  you  as  far  as  you  incjuire,  and 
no  further — he  has  imbibed  a  reverence  for  your  character,  and  may  be  em- 
barrassed in  your  presence  —  put  him  at  ease  and  he  will  satisfy  you — 29th 
July." 


LETTER  FROM  DAVID  BARTON,  UNITED  STATES  SENATOR  FROM  MISSOURI,  TO 
JUDGE  SILAS  BENT,  OF  ST.  LOUIS,  IN  REFERENCE  TO  THE  PROBABLE  ELEC- 
TION OF  JOHN  QUINCY  ADAMS  TO  THE  PRESIDENCY  BY  THE  HOUSE  OF  REP- 
RESENTATIVES   AT    WASHINGTON    IN     1825. 

"  WASHiNtvroN  City  2d  February  182^. 
"Dr  Sir 

"You  will  have  seen  that  Col  McKee  has  been  appd.  our  Surveyor  General 
—  I  hope  he  will  purify  that  office  &  free  it  from  the  banditti  who  have  hitherto 
surrounded  and  lived  on  it. 

"  Perhaps  the  existing  state  of  the  Presidential  election  will  be  interesting. 
It  is  now  understood  here  that  the  most  of  the  N  Western  States,  Kentucky 
inclusive,  will  vote  for  Mr.  Adams  notwithslanding  his  taste  for  codfish  and  his 
adulteration   of    the   Mississippi    by   permitting   the   continuation  of  a    British 


APPENDIX.  605 

canoe  voyage  tliereon.  Should  this  be  the  result,  I  shall  have  good  cause  to 
raise  a  loud  laugh  at  those  miserable  jockies  who  have  bestrided  the  gallant 
steed  of  Kentucky,  and  attempted  to  ride  him  dragoon-like  over  our  peace- 
able heads,  but  it  shall  not  be  the  laugh  of  censure.  It  is  of  course  charged 
on  Mr  C  as  an  intended  coalition. 

'•  Had  he  joined  Jackson  the  charge  would  have  lieen  the  same.  The  indis- 
cretion of  some  of  the  General's  boys  is  working  a  silent  conviction  of  the  wis- 
dom of  the  choice.  For  these  attaches  are  converted  by  the  imagination  into  a 
gang  of  courtiers,  surrounding  a  throne.  Of  all  the  unnatural  coalitions  (not 
to  say  most  insincere)  is  that  of  our  Senator  Pomposo,  of  imperial  port  & 
mien,  with  the  General!  Now  for  a  ride  upon  'the  second  choice'  of  our 
State.  Should  the  hobby  not  refuse  the  rider,  it  may  be  strong  enough  to 
carry  him  ;  but  a  quere  about  the  sincerity  of  the  preference,  will  be  indulged  by 
a  people  considerate  enough  to  make  tiie  revolution  which  Missouri  has  accom- 
plished within  a  few  years. 

"The  president,  with  the  advice  of  his  cabinet  (except  Adams)  advised  us  to 
blockade  Cuba  in  time  of  professed  peace  !  We  refused  37  to  10  —  whether  any 
were  influenced  by  the  correct  dissent  of  the  apparent  Lord  of  the  ascendent 
I  know  not.  If  we  had  done  so  it  would  have  justified  the  Berlin  &  Milan  de- 
crees &  all  countervailing  measures  of  England,  against  which  we  have  so 
loudly  i^:  so  justly  protested. 

"  I  remain  Yours, 

"  David  Barton. 

"  P.  S.  The  President  still  suffers  the  offices  of  Aj  Gen  &  Col  2d  artillery  to 
remain  vacant,  or  filled  by  unconstitutional  acting  incumbents.  This  is  mulish 
enough  but  not  so  magnanimous  as  Princes  should  be.  Our  recent  anti-block- 
ading  vote  will  at  least  show  his  Exc'y  that  we  are  not  humbled  below  our 
duty,  by  the  Autocratical  attitude  of  our  executive  officer. 

"D  B" 

David  Barton  was  elected  a  United  States  senator  from 
Missouri  immediately  after  the  organization  of  the  state 
government,  served  four  years,  was  reelected,  and  died 
before  the  expiration  of  his  second  term.  He  was  a  natural 
orator,  and  a  man  of  transcendent  ability.  The  following 
letter,  written  at  Washington,  and  addressed  to  Colonel 
Easton,  at  St.  Louis,  is  interesting  by  reason  of  its  reference 
to  the  then  recent  election,  in  1825,  of  Mr.  Adams  to  the 
presidency,  over  General  Jackson,  by  the  Federal  House  of 
Representatives.  John  Scott,  of  St.  Genevieve,  the  only 
representative  from  Missouri,  cast  the  vote  of  his  state  for 
Mr.  Adams.  The  letter  also  contains  an  allusion  to  the  sup- 
posed coalition  between  Adams  and  Clay,  which  elicited 
from  John  Randolph,  of  Roanoke,  on  the  floor  of  the  House 


6o6  APPENDIX. 

of  Representatives,  the  allegation  that  it  was  a  union  of  the 
Puritan  and  the  Blackleg.  This  the  reader  will  recollect 
caused  the  famous  duel  between  Randolph  and  Clay  : 

"Washington  ib  Feh^y  182^. 

"  Dear  Sir  :  You  sec  that  Adams  was  elected  President  upon  the  first  ballot. 
The  attacks  upon  Mr.  Clay  for  his  final  determination  u[)on  this  matter  have 
been  very  abortive. 

"  They  were  intended  as  a  grand  effort  to  retrieve  the  fortunes  of  the  day  ; 
but  they  did  not  do  it.  Clay's  motives,  I  believe,  were  conscientious  and  pa- 
triotic. He  is  n(jt  to  lie  considered  as  leading,  more  than  following  his  friends 
in  the  North  West. 

"They  claim  one  of  the  Heads  of  Department  from  the  Western  States,  & 
there  is  no  man  so  well  qualified  as  Mr.  Clay  upon  whom  so  many  would  unite  ; 
and  I  expect  the  Department  of  State  will  be  offered  to.  &  accepted  by  him, 
not  as  his,  but  as  their,  claim.  In  all  which  I  shall  accpiiesce  as  a  good  (and 
moral)  citizen  should  do. 

"  The  result  would  have  been  the  same  on  subsequent  balloting  by  the  votes 
of  the  states  favorable  to  Crawford;  and  I  concurred  with  Scott  in  the  belief 
that  he  ought  to  vote  for  A  on  the  first  ballot,  &  thereby  decide  the  contest  at 
once.     For  all  which  I  expect  the  approbation  of  Missouri,  if  not  of  Tennessee. 

"  We  are  now  engaged  on  Col  Johnson's  bill  to  extend  the  circuit  system  to 
the  Western  States,  and  more  especially  to  require  a  greater  numlier  of  Judges 
to  support  the  Const.  U.  S.  against  a  Kentucky  Statute,  than  against  any  other 
repugnant  thing!  I  shall  vote  agt  the  whole  project,  because  I  believe  the 
age,  &  extent  of  our  Union,  now  require  a  separation  of  the  courts  of  orig- 
inal and  appellate  jurisdiction  ;  &  that  the  close  of  a  short  session  is  not  the 
best  time  for  the  adoption  of  the  proper  system. 

"Very  Respectfully  Yours 

"  David  Barton. 

"  P.  S.  Cod-fish  have  risen  25  per  cent,  and  the  City  Ladies  pronounce  the 
name  '  court  fish  '  since  the  9th  P'ebruary." 


The  following  letter  from  John  C.  Calhoun  to  Colonel 
Easton,  written  in  1825,  is  worthy  of  a  place  in  this  Ap- 
pendix : 

"  Washington  City  24t/i  Dec  182J. 

"Dear  Sir:  Enclosed  you  will  fiml  the  receipt  of  Mr.  Force.  I  am  under 
great  obligation  to  your  kind  expression  of  friendship. 

"  It  has  ever  been  my  constant  object  since  the  commencement  of  my  public 
life  to  elevate  our  beloved  country  to  the  highest  degree  of  prosperity,  and  to 
place  her  liberty  on  the  most  durable  basis,  and  I  am  consoled  with  the  belief 
from  the  favoralde  opinion  of  my  fellow  citizens  that  my  efforts  have  not  been 
in  vain. 


APPENDIX.  607 

"  I  am  certainly  not  insensil>le  of  the  jniblic  honors  conferred  on  me,  but  if  I 
know  myself  I  place  a  mucli  higher  vahie  on  the  consciousness  of  having  faith- 
fully discharged  my  duty  to  the  country. 

"  With  great  respect 

"  I  am  &c  &c 

"J.  C.  Calhoun. 
'•Hon.  R.  Easton.'' 


In  our  sketch  of  Colonel  Rufus  Easton's  life  the  reader 
will  find  three  letters  from  Colonel  Aaron  Burr  to  Easton, 
two  from  Gideon  Granger,  one  from  President  Jefferson, 
and  one  from  DeWitt  Clinton.  The  fac-similes  of  three 
are  given.  As  these  letters  have  never  before  been  pub- 
lished, they  will  be  read   with  considerable  interest. 


INDEX. 


PAGE 

Abell,  Peter  T 215 

Allen,  Beverly 474 

Allen,  Charles  H 210 

Anderson,  John 316 

Ansell,  Thomas  R 178 

Asper,  Joel  F 435 

Ballou,  DeWitt  C 510 

barton,  David 277 

Barton,  Joshua 277 

Bassett,  Jonathan  M 572 

i^ates,  Edward 126 

Bay,  Samuel  M 165 

Bent,  John 248 

Bent,  Silas 203 

Benton,  Thomas  H i 

Birch,  James  H 436 

^lair,  Francis  P.,  Jr.,  ....  394 

Blannerhassett,  Richard  S.     .      .  67 

Bogy,  Lewis  V 577 

Bowlin,  James  B 462 

Brickey.  John  S loi 

Buckner,  Alexander      ....  41 

Burch,  Thomas  C 487 

Campbell,  William  M.       ...  92 

Carr,  Alfred  W 320 

Carr,  William  C 310 

Caruthers,  Sam 392 

Chambers,  A.  B 331 

Chenault,  John  R 354 

Coalter,  John  D 468 

Cole,  Philip 109 

Conrow,  Aaron  H 528 


PAGE 

Cook,  John  D 46 

Cooke,  William  M 584 

Cozens,  Horatio 199 

Crawford,  Robert  W 231 

Davis,  Greer  W 27 

Davis,  Joe 183 

Davis,  Timothy 467 

Davis,  William  H 491 

Dayton,  Benjamin  B 458 

Delafield,  John 383 

Easton,  Rufus 78 

Edwards,  Philip  L 460 

English,  Thomas  B 371 

Evans,  James 73 

Ewing,  Ephraim  B 172 

Ewing,  Robert  A 217 

Field,  Roswell  M 236 

Freeman,  Thomas  W 341 

French,  Charles 261 

Frizell,  Mason 76 

Gamble,  Hamilton  R 288 

Gardenhire,  James  B 317 

Gardner,  Samuel  H 123 

•€'eyer,  Henry  S 143 

Goode,  George  W 569 

Gordon,  James  M 256 

Gordon,  John  B 256 

Gray,  Alexander 55 

Green,  Abner 337 

J01-een,  James  S 521 


6io 


INDEX. 


PAGE 

Harding,  Chester,  Jr.,  ....  553 

Harrison,  Albert  G 65 

Hayden,  Peyton  R 57 

Hempstead,  Edward     ....  25 

Hendricks,  L 252 

Hickman,  Benjamin  F.     .     .     .  432 

Hicks,  Russell 43 

Holden,  N.  B 450 

Hudgens,  Prince  L 478 

Hudson,  Thomas  B 191 

Hughes,  Andrew  S 141 

Hunt,  Ezra 1 18 

Hunton,  Felix 322 

Jackson,  Albert 567 

Jameison,  John 185 

Jones,  Charles 424 

King,  Austin  A.' 153 

Knight,  James  K 581 

Kribben,  Christian 352 

Lackland,  James  R 298 

Lawless,  Luke  E 440 

Leonard,  Abiel 356 

Leslie,  Myron 349 

Lisle,  Benjamin  M 242 

Lord,  Charles  B 304 

Lovelace,  Walter  1 573 

Lucas,  Charles 139 

Lucas,  John  B.  C 52 

Major,  Benjamin  P 519 

Mauro,  Charles  C 516 

McBride,  Priestly  H 526 

McCord,  Peter  B 448 

McCord,  William 385 

McGirk,  Mathias 536 

Means,  Mark  L 343 

Minor,  William  G 335 

Morrow,  James  W 3S7 

MuUanphy,  Bryan 219 

Noell,  John  W 283 

Noell,  Thomas  E 286 


Parsons,  Monroe 590 

Peck,  James 564 

Ferryman,  David  E 415 

Pettibone,  Rufus 98 

Pettis,  Spencer 314 

Picot,  Louis  G 531 

^olk,  Trusten 409 

Porter,  William 189 

Pratte,  Edwin  G 201 

Prewitt,  Robert  T 533 

Primm,  Wilson, 481 

Ranney,  Johnson 49 

lJ?eynolds,  Thomas 345 

Richardson,  John  C 549 

Richardson,  Thomas  S.    .     .      .  513 

Richmond,  Richard  F.      ...  451 

Russell,  William  H 402 

Ryland,  John  F 271 

Scott,  John 114 

Scott,  William     ......  324 

Shannon,  George 22 

Sharp,  Benjamin 308 

Sharp,  Fidelio  C 375 

Shurlds,  Henry 593 

Slack,  William  Y 137 

Slayback,  Alexander  L.    .      .     .  545 

Smart,  Robert  G 407 

Smith,  Jacob 489 

Spalding,  Josiah 104 

Stewart,  Robert  M 586 

Stone,  John  H 373 

Strong,  Newton  D 559 

Thomas,  Richard  S 251 

Thornton,  John 175 

■    Tindall,  Jacob  T 156 

Todd,  David 389 

Tompkins,  George 30 

Turner,  John  V 417 

Vories,  Henry  M 494 

Wash,  Robert 244 


INDEX. 


6ll 


Watkins,  Nathaniel  W 
Welch,  Aikman  . 
Wells,  Carty  .  . 
Wells,  Joseph  B. 
Wells,  Robert  W. 
Wheeler,  Charles 
Whittelsey,  Charles  C 


PACiR 

37 
557 
1 60 
281 
538 

575 
421 


Williams,  Willis  L 263 

Wilson,  Robert        561 

Winston,  James 379 

Wright,  Uriel 499 

Yancey,  C.  S 252 

Young,  Henderson 233 


14  DAYto^Jp  I 

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